Evening journal., 1909-11-23
CASES
in CITY COURT
Three Charges Against Cor
neIiuS Mundy Dismissed
After Long Hearing
JOHN MULROONEY
WAS FINED $50


Court Judge Cochran this morning dis
missed the charges against Mr.. Mundy.
The Judge then began the hearing OF
John Mulrooney, charged with three
violations OF the wholesale liquor law,
az tho close OF which he dismissed two
of the charges and imposed a fine OF
$50 In one case. The cases OF John
f. Mulrooney and John J. Gormley
were continued until next Tuesday.
Argue as to Identity.
This mornings hearing began with
an effort by Assistant City Solicitor
Chaytor TO show authority for his ap-
pllcation made previously for a re-
opening OF the case In order that he
might call witnesses 10 identify Cor
nelhus Mundy as the proprietor OF the
establishment No. 9 East Fourth street,
where whisky in less than the whole
sale quantity was alleged 20 have been
purchased. Robert II. Richards. at
torney for Mr.. Mundy. had asked for
dismissal on the ground that Mundy
had not been Identified in the usual
manner.
Mr.. Chaytor quoted from the En-
cyclopedia OF Law and other authori-
ties SHOWING that Il was permissible
10 reopen a case even when one side
had been presented. He, however,
contended that Mr.. Mundy had been
properly identified as proprietor OF the
establishment by the sign before the
place.
Mr.. Richards contended that the
authorities quoted by Mr. Chaytor for
the reopening Of the case were of no
weight In this jurisdiction, whore such
a practice had always been ruled
against, and that IN any event It Waf
within the discretion Of the court.
Judge Cochran declared that he would
not establish such a precedent In thii
state and refused Mr.. Chaytor's appli'
cation for reopening. He also declared
that he did not care to dismiss the cas-
on a technicality, and would not en-
tertain Mr.. Richards motion tina
Mundy be dismissed because he hai
not been properly Identified.
! Mundy on the Stand.
Mr. Mundy was then placed on n
stand. He testified that he was n
proprietor Of the establishment az N
East Fourth street. and told u
names OF the four persons who wei
, employed by him at the time Of III
alleged sale and authorized TO sell 70
him. He had instructed them TO oh
serve the law in every detail. and MI
Mundy said he saw Ryan and Boch
witnesses for the Law and order so
ciety. in his place In July. Book ask
ed him for half a pint of whisky, bu
he refused to sell Il TO him. Mr.
Mundy said he sold wholesale quaint
ties TO saloonkeepers in pint and half
pint cartons, and that II would b
easy for a person to buy a half-pin
package with his label on II, there be
ing. In fact, a saloon next his owl
place where his half-pint package
were sold He was very strict In tn
conduct Of his place, no said.
Maxwell Mahoney, who was In tn
place at the time, corroborated Mr
Mundy as to his refusal 10 sell &
Book
Patrick ]. Mundy. brother Of the de
fendant, gave similar testimony an
said that he had been instructed Z
adhere strictly TO the law.
Oscar Gouert. bookkeeper for MI
Mundy. testified that he made sale
occasionally and had been instructe
especially not to sell in less than IN
wholesale quantities. He said he di
not sell 10 any Of the Law and Orde
Society witnesses.
Joseph X. Lalley. an employe of M
Mundy. testified as 20 instruction
from Mr.. Mundy as 10 selling less tina
half-gallon quantities. He did not 81
any Of the prosecutions witnesses q
, the Mundy place.
William S. Knight. another employ
testified that whisky was put up in pin
. or hale ,t,t o,rfcpa oufrr an rnrrf.I ~
ders from saloon keepers.
James McElwee. who Is not a reguli
3 employe OF Mr.. Mundy. testified that I
: made sales occasionally under strict o
ders not TO sell less than wholesale quar-
: titles.
Mr.. Chaytor admitted Mr.. Mundy's goo
character, and Mr.. Richards closed. NJ
Chaytor had nothing further TO say an
!, Judge Cochran then announced that
!. view OF the conflict Of testimony and al
sence OF positive identification Of M
: Mundy the case was dismissed.
Mulrooney Case Up.
. John Nfulrooney, who has place at n
I, southeast corner Of Fourth and Adam
- streets, was then arraigned. His attorne
e Phiip L Garrett tried 70 have the ca
continued. saying he had Just been calls
e into It. but Judge Cochran refused 10
b. so in view Of its long standing. Aft
g Deputv clerk Of the Peace Wright ha
shown records Of Mr. Mulrooneys inn
+ tavern license, Edward Fl. Williams, co
r ored. testified that he bought haif-pil
r OF whisky on July last at Mr. Mu
r rooney's place for % cents. Jacob Penn
well. colored. testified that he was wit
y Williams. but was not in John Mu
4 rooney's place.
4 Told of Buying Liquor.
= Harry Ryan testified that he purchase
a half-pint OF whisky at the Mulroon'
K place on the Thursday or Friday OF Il
j. week following July T. paying 25 cent
= He was with Frederick NJ. Book on Ju
o l6 at the Mulrooney place. when Boo
t made a purchase. Book testified that
C purchased a half-pint OF whisky from NJ
$ NIulrooney on July l6 and turned IL ov
j. to the Rev. John NJ Arters OF the Ant
y Saloon League. He bought the whisky wi
o the purpose OF taking Il or the premise
although he had not informed Mr. Mt
: rooney Of this purpose.
? Mr.. Garrett indicated that he wou
make this a point Of defense since N
- Nfulrooney could sell such a quantity
1 liquor to be drunk on the premises.
I Book said the bottle was wrapped
al Continued on Second Page.