Evening journal., 1909-10-08
CITY COURT HAD
JURISDICTION
General Sessions Court Sus-
tainS Demurrer in Mundy
Case on TINS Ground
NO LICENSE FOR
TOWNSEND HOTEL

In the Court OF General Sessions this
morning a decision was handed down
sustaining the demurrer filed to the in
dictments found against Cornelius Mundy
charging him with the alleged sale Of in
toxicating liquors In quantities less than
half a gallon without the necessary lie
cense.
Chief Justice Pennewill in delivering
the unanimous opinion OF tho court said
that Mr.. Mundy could have obtained IL
censo TO sell in a quantity under which
he was indicted. Therefore ne sold with
out a license and the Municipal Court had
sole. exclusive and final Jurisdiction in
the case. Therefore the demurrer was
sustained. Deputy Attorney-General
wolcott Immediately after the opinion
was handed down entered a nolle prose-
qui in the three cases against Mr. Mundy.
lie also entered nolle prosequl in the
cases against John j. Gormiey, John r.
Mulrooney and John NJ Mulrooney. They
were indicted for alleged violation u the
bottler's law.
e. r. Cochran, on tho part OF Angelic
chiccateln. withdrew his application for
bottler's license
The contested case or Or. John N. ID.
Cardeza. Of Claymont. was taken up. IL
Irving Handy represented DR.. Cardexs
and Caleb E. Burchenai and IA. G.. EAST
burn appeared Tor tho Law and Order
Society.
Former Mayor Charles -. Bird testi-
fed no signed Dr. cardeza's application
and that no did not read Il or had II
read 70 him. To Mr.. Handy MT. Bird said
no was not a resident OF tho school dis
trict when he signed the application.
Mr.. Burchenal asked the court to refuse
tho license on tho ground that Or. Car
desa had sworn Mr.. Bird has signed tho
peper. Tho court refused the motion and
the nrst witness called In opposition to the
license was Arthur A. Wiimot. He reside
q in ciaymont. keeps a place where travel
IS iera can get water. and did not heliev
Is Il was necessary 10 have a saloon license
" there.
re Thomas II. Mcbride gave similar e
timony. The rcmonstranoe eon.ained
u- names. eighteen Of them nsins prope'
owners. -.--..-uus,,ls,1,'
Iry James C.. Meconlb the weIi-kno-
~ resident OF Hrandywine hundred said
u' believed well kept hotel at claymor
was necessity.
nd There is no hotel on the Phil9dc
ed phia road between Wilmington and "a
state line. Mr.. McComb said
M Or. Cardeza testihed that he ha
H. read his application TO each person VII
IN had signed It,
lt Mr.. Handy. in his prayers said Their
ic were az residents I'm School distric
No. 1 where DR.. Cardeza desired th'
n. license and that only "A of them ha'
I, signed the remonstrance. The cour
= will give answer in the case later.
10 Wouldn't Consider Townsend Petition
=, The next case called was that o
"a Joshua c. Armstrong who applied for
- license for the Townsend Hotel. Their
were about twenty-five women In tn
D' delegation present to oppose the Il
ccnse.
~ !" T. Bayard Heisel appeared for nj
ia Armstrone and William w. Knowil
=. represented the Law and Order s.
y, ciety. He presented a remonstran
no signed by 1O5 names OF the 1855 vote
nc in the school district as well as a p
ni- tition signed by 100 women Of &
district opposing the license.
as Knowles said that inasmuch as IL
be- hotel had been refused license six tim
-let tho court should adhere 20 its rule n
mn TO hear a case where an open hearii
the had been heard in the same case.
Mr.. Heisel said that he understo
this rule applied not TO the applica
but TO the place.
ons The court said the rule was clea
Ist- IF a hearing took place regarding q
ere necessity of the place and hnaily a'
ent termined the whole thing is clear ll
courts recollection was that the te'
, timony last May showed that the pia'
,s was not necessary.
lo- The court refused to 60 into Il
hearing.
az James Salisbury on the part OF wa
or liam G. Forrest. who applied for
led Continued on Second Page.
re-
Elected Trust Company Director,