Waterbury evening Democrat., 1907-05-07
LIQUOR CASE HEARD
BrOphy and Phelan Were Fined
 $40 and Costs Each.

The cases against John J. Brophy. Patrick Phelan. Kevin Drury. Rob- ert Brophy, Patrick Kelly, Dennis Phelan. William Blackburn. Dennis O'Leary. Francis Jordan and James Gordon, for violating the liquor laws on Sunday afternoon, April 2S. were heard in the city court to-day by Judge Burpee. Attorney B. F. Cole appeared for the defense and Attor- ney Pierce prosecuted.
 The witnesses for the state were Sergeant John T. Pagan and Officers Kiersted. J. R. Mccarthy, Flaherty and Lynch. It was agreed by coun- sel in order to hasten the trial that there was a saloon at 298, not Ham- ilton avenue, as many suppose, but, as Attorney Pierce insisted, Dublin street, and that even liquor was sold on the premises known as Brophy's club room located over the saloon. The testimony of the officers was to the effect that they went to the place with warrant to search the reputed club rooms and that they rapped on the door and finding no response Officer Kiersted broke the glass, put his hand through the broken part and turned the lock. There were about sixty men inside. The place consisted of two rooms, one large, which seemed to be gen. eral room, and the other good deal smaller, where liquors were kept. this smaller room was fixed up for the serving of drinks, but 1t was not connected with the saloon down stairs so far as the officers could see.
 Brophy was not put under arrest until after he had been seen whisper ing to some of the men in the large room. The officers had no warrant for his arrest.
 After the arrests had been made the sergeant asked Brophy to show him down stairs and Brophy took him down an outside stairs and around to the front door of the sa- loon underneath. There everything seemed to be as the law required. But there was a smaller room, like that up stairs, which seemed to ex- cite the suspicion of the sergeant and he had Brophy show him through this. There was stairway leading from this to the upper room. The sergeant said he did not notice large wooden or iron bar across this door. But Brophy opened 1t and they were again up stairs.
 remark from Attorney Cole at this point of the hearing caused much laughter in the public seats and the court threatened to have the room cleared If the noise was re- peated.
 The sergeant said he did not know the place was a club, and he did not try to get to the saloon from up stairs by the stairway mentioned.
 Officer Kiersted said he was the first to reach the place and that he rapped for admittance on the door. Getting no response he tried to force it, but being unable. to do so he broke the glass. put in his hands and opened the door. The testimony of the other officers was merely ac- cumulative.
 The defense was that the club was duly organized and registered in the office of the secretary of state. and the charter signed by him. Attorney Cole offered the records of the club as evidence, showing that the incor- porators were Michael Blansfield, John Kenney. Arthur Leveille and John J. Brophy. Brophy was the first witness and he was supported by William Derwin, doorkeeper of the club; Patrick Phelan, Robert Brophy and William Blackburn. Their testimony was to the effect that none but members were allowed on the premises and that Brophy was steward of the club. No one heard the summons of the police at the door; the first they knew of their presence was the crash of the glass on the floor. The door in the rear room leading down stairs was never opened, and the place was fur nished as a club, there being the Sunday papers. cards and SO on. They saw no one trying to escape by the window mentioned and a person would have hard time getting through 1t. This closed the case and Brophy and Phelan were each fined s20 and costs and the others were I.k