Evening journal., 1909-11-05
JURY FINDS
FACAN GUILTY
New Castle Hotel Keeper Was
Charged With Illegal Sale
Of Liquor
STATE HAS TWO MORE
CASES AGAINST HIM

In General Sessions Court yesterday af- /
ternoon the court refused TO grant a /
motion by William r. Kurtz, counsel for |
John Pagan. proprietor OF the Railroad |
Hotel at New Castle, ON trial for alleged |
violation Of the license laws, TO instruct
the jury IN the case 70 return verdict OF
not guilty on the ground that the state
had not shown that Fagan had knowledge
Of the alleged sale OF liquor IN violation
OF law.
After this decision George McGrory.
bartender at the hotel. was called and
asked 10 testify regarding The instruc-
,ions he had received regarding sales OF
LIQUOR AZ the hotel deputy Attorney
Wocott objected and an argument again
followed. The court this morning handed
down a decision overruling tho objection
and announced that the ruling did not
alter or affect the opinion Ia tho Mundy
case as had been contended.
Fnyan's license was then offered ln
evidence. Mr.. Woicotl objected IL was
q special license authorizing the sale by
Fngan Of intoxicating liquor to be sold In
quantities less than one quart to be drunk
on the premises
n
tion awaiting what action the state might
take in rebuttal.
After the delay McGrory was again call
ed 20 the stand. Deputy Attorney General
wolcott objected to the form OF the ques-
ton: What we're the Instructions given
10 you regarding the running OF the sa-
loonT' Tho objection was overruled. Me-
Grory said Mr. Pagan had warned him
against selling liquor TO minors or TO in
toxlcated persons, not 70 sell on Sunday
or on election day.
Mr. Wolcott asked that the testimony
be stricken out. An argument followed
and the court ordered the evidence strick-
en- out.
The witness testified that Mr.. Pagan
did not instruct him regarding other sales
but he knew Mr.. Fagan had his licenses
When witness was asked II AIR. Fagan
had spoken to him about this special H.
cense Mr wolcott objected and the OBJ
! lection was sustained.
Miss Margaret Pagan. daughter Of the
defendant testified that she had heard
her father tell AtcGrory not 20 seel In
pints OF half pints 20 Do drunk Off the
premises. The defense then rested and
Deputy Clerk Of the Peace Wright was
called TO the stand and was handed the
special license. Mr. Kurtz objected TO
the question as TO the date OF the license.
It was dated July g. 1909 IN stencil while
/ it bore the seal Of the state and date OF
January 30th. The objection was over
ruled. Mr.. Wright testified that the stem
ell mark showed the date Of Issuance Of
the license. He said on July 1 It was not
IN effect. Deputy Attorney General VOL
colt asked that the special license offer
ed I'm evidence be stricken out Mr.
Surtz again maintained the paper was
material to the defnse but the court ruled
the paper out and an exception was noted
| Prayers were submitted and argument
made IA the case.
Argument was concluded at 1910 and
Judge Woolley then charged the jury The
! jury came IN shortly before / O'Clock with
verdict Of guilty There are two more
cases against Mr.. Fagen and sentence
will not be passed until they are dis posed
Of.
| Martino Ciccoute failed to appear In
court and his recognizance was forfeited.
He Is charged with carrying concealed a
deadly weapon and with pointing pistol.
This is the second time this session that
the defendant has failed to appear.
a decree nisi was granted In the divorce
case OF Ernest T. Kimberley VS.. Annie
Kimberley.