The sun., 1907-04-27
WHITMAN SHOWS ROWTODOiT
SALOON MEN HE cor EVIDENCE
AGAINST CONVICTED.

ether Gets same Penalty After Trial
in the special sessions "A Third Pref ers
tOTake HIs Chances In General Sessions
Magistrate Charles s. Whitman appeared
before the Court Of Special Sessions yester-
, day to prosecute the saloon proprietOrs and
bsrtenders whose arrests he had caused
after personal visitA to their places in the
early morning hours OF March % and
o. one Of the defendants Alike Bren-
nan. arrested in Healys, Sixth avenue
and Forty-seventh street, pleaded guilty
and was fined $40. John McGarvey. arrested
in his saloon at Eighth avenue and Forty
seventh street. decided to go before General
sessions and take his chances with a jury,
ss he was once before convicted and second
conviction means the forfeiture of his
license,
When the case OF James McQuillan,
whose saloon is at Sixth avenue and Forty
ninth street. was called. his counsel, p. A.
McNlanus. asked for a postpouement. He
SAID he was unable 10 get either Lieut..
James $. Bowen or Policeman Daniel +.
Fox 10 court, although both had been sub
ppnaed. He said tnat both were import
ant witnesses for the defence The Court
agreed 10 take that case up after finishing
the calendar. When it was called counsel
pleaded again that Fox was not to be found,
that it was his day of and that every effort
was being made to locate him. Bowen
had come in.
He's one OF our most important witnesses
and we will show by him some glaring
discrepancies between the testimony given
by Magistrate Whitman at the West Forty
seventh street station and that given by
him in the police court" argued McManlls.
The Court seemed disposed to grant the
request for an adjournment, when Magis-
uate Whitman asked il he might be heard
He had wasted his entire morning waiting
for the case and did not propose to let Nc
Manus work the old game Of delay to tire
him out il he could help it.
i wish to say to your Honors.' the Magis-
trste said, looking straight at McManus,
that every word this counsel for the de-
fendant has said 10 absolutely and unquali-
fsdly false and he is not treating this Court
in good faith. As a matter of fact, Fox's
testimony amounts to nothing in the issue
before this Court and want to say that
Fox has been tried at Police Headquarters
for neglect Of duty in not making the arrest
when called his attention to the McQuillan
saloon and he has pleaded guilty. repeat
that everything this lawyer has said il abso-
slutely false" That convinced the Justices
and they said they would insist on trying
the case in five minutes. Before that time
was up Fox. "the important Witness" ap-
peared in the lobby. He h ad been In a
nearby place all the time
Magistrate Whitman told how he had
gone TO McQuillan's place at I:26 A. NJ on
March 20. had bought some whiskey and
paid for II and how one Of the McQuillans,
he was not sure whether IL was James, the
defendant, or George, his brother, who
later asserted that he was the proprietor
and had served the Magistrate with his
drink. and Said when asked why the saloon
was allowed to be open so late that he
owned the damned precinct" Then in a
Eighth avenue and Forty seventh street,
and got another drink to get a case on that
place. Next he went to the station and had
Lieut.. Bowen send a policeman to arrest
James McQmllan.
On his way from McQuilan's place the
Magistrate met Policeman Fox. who was
Just outside the gide door He had asked
him why he did noE arrest McQuillan for
keeping open after hours. Fox said either
i cant" or II won't" the Magistrate did
not recall perfectly. but thought it was the
latter. Then Fox, looking at the Magis-
trate, whom he thought was just a plain
citizen. winked Significantly, the Magistrate
thought, and suggested that maybe they've
got one Of them all night licenses"
"Do you mean by that that you have
orders not to arrest them?" the Magistrate
says he had asked Fox. The bhecOat did
not reply. but walked away.
The McQuillans admitted having sold the
drink after I o'clock, but insisted il was
not more than three or four minutes. They
vere just shutting up for the night. they
said, and had not had time to close the
side door. They denied having made any
claim 70 ownership in the damned pre-
clnct, however.
Policeman Fox, who is a young man not
long on the force. said that he really was
H0 feet away from the MoQuillan saloon
Watching an alleged disorderly house when
Magistrate Whitman spoke to him. That
was l;lH A. NJ. He was positive about the
time az he had looked at his watch. This
was in direct conflict with Magistrate Whit
mans testimony as to time. but then Fox's
watch may have been a little slow.
". Fraser Gibson, a stock broker Of "a
Broad street. said he and Magistrate Whit
man had been at a family gathering in the
Osborn at Seventh avenue and Fifty-seventh
street and had left there at exactly A. NJ
street, where they had parted at 1;10 A. NJ.
He had looked at his watch.
The Justices unanimously found McQuil-
Ian guilty and fined him $40. which he paid.
Another conviction means the forfeiture Of
his license
lam very much pleased with the results
said Magistrate Whitman. I'VE will get
convictions in all the other cases just as
easily