Evening journal., 1909-11-11
DRINK WHISKY
in COURT ROOM
Witness Does so to Prove
Contents of Bottle is
Liquor
ANTI-SALOON LEAGUE
PRESSES MUNDY CASE

The hearing OF Cornelius NIundy, a
wholesale liquor dealer. OF No. East
Fourth street. charged with three alleged
violations OF the law regulating the sale
OF intoxicating liquor. was begun IN City
Court before Judge Cochran this morning.
After hearing testimony that whisky In
less than half gallon quantities, the min
imum allowed wholesalers. had been pur-
chased at Mr.. Mundys establishment on
three occasions, Judge Cochran continued |
the hearing until Tuesday morning.
This is the first Of the four cases against
liquor dealers being prosecuted by the |
Anti-saloon League. other dealers who |
face charges are John f. Mulrooney. |
John j. Gormley and John Mulrooney. |
There are two charges against John 4. |
Mulrooney. three against Gormley and |
and three against John Mulrooney. These |
cases will be taken up on Tuesday morn
ing should It be possible TO finish the
Mundy case within time.
Robert II. Richards appeared this morn
ing as attorney for Mr.. Mundy and en-
tered plea OF not guilty. Edward IL
Williams colored, was then called. He
testified that at the instance Of the Rev.
John NJ. Arters. OF the Anti-saloon
League he had purchased a pint bottle OF
whisky at Mr.. Mundy's place on July
1 or ., for 80 cents. The bottle was mark
ed at the time OF the purchase and was
turned over TO MIR. Artera. Assistant city
Solicitor Chaytor had Williams identify
this bottle in court In reply to questions
interposed at this point by Judge Coch-
ran. Williams said he had been paid tl15
day for two days service by tn Anti
Saloon League. He was a cook regularly.
Mr. Richards In cross-examining the
witness tried 10 have him describe the
man who had sold him the liquor, but
Williams persisted that he could not do
so. having paid no particular attention.
lie denied. however that Il had been his
particular purpose not to know the. sell
Ter.
Harry S. Ryan was then called. lie
, testified that he bought a haf-pint OF
, whisky at Mr. Mundy's establishment on
= Thursday. July s, for 25 cents, the pack
= age having been marked and turned over
= to Mr.. Arters A bottle WAS shown. and
K the witness identified ~ as the onns NJ
e had purchased. on the following saiur
s day, Ryan sad. he went to Mr.. Mnndyi
n place with Frederick NJ. Book who. he
s asserted bought a half-pint bottle OF
whisky for % cents.
) Judge Cochran at this iuncture desired
to know how Mr. Chaytor, the assistant
/. city solicitor. would prove that thF liquid
In the bottles exhibited was whisky. Mr..
, Chaytor protested that the fact that AIr
, Mundy's label described II as whisky and
! that he had sold It for whisky was prima
facie evidence that it was whisky How
{ ever he gave instant proof by uncorlSing
t the bottle and requesting Ryan TO taste
: IT, Ryan, who is a pale, ministerlal-look-
] ing young man wearing spectacles, took a
swallow with a wry face and said the
liquid was whisky
Under cross-examination, Ryan said
he would not be able TO identify the
man who had sold him the whiskey
on July s. although he knew that II
was not Cornelius Mundy He had
not tasted the liquid when he bought
T. It. and Mr.. Arters had had possession
G OF Il since. He had been paid s. by
c the Anti-Saloon League for his SER
70 vices. he said, but the money had not
) been contingent upon his getting bot
= ties OF WHISKY not Nhu IL utth Aol SCI
. vice for any specified time. Mr.. Mundy
had not made the sale TO Book Ryar
y insisted that he could not identify th'
a seller, although he admitted that th'
y work had been unusual for him.
Mr.. Chaytor at this time recalled
Edward Williams and had him tast'
the liquid in the bottle he had identi
fed He said II was whisky Judg'
Cochran expressed doubt whether th'
hearing could proceed without Their
being Identification Of the sellers, s,
that they might make affirmation ol
denial Mr.. Chaytor said that was Z
!, question OF law and Mr.. Richards add
=, ed that It would be discussed later.
"a Couldn't Pick the Seller.
Frederick NJ. Book. who was theT
s. called, testified 20 purchasing a half
III pint bottle of whisky at Mr.. Mundy'i
establishment on Saturday evening
July TO- He marked the package az
did the others, and turned IL over q
Mr.. Arters. He identified the pack
+ age and bottle and tasted the liquid
declaring It whisky. He said the mar
who had sold the whisky was young
s. but he could not pick him out amont
is the persons IN court. Book said h
he had been asked 70 make the purchas'
i~ by Caleb r. Burcnenal, OF the anu
D. Saloon League. but had received nj
compensation for his services. ASKED
T. by Mr.. Richards If he had not hat
c. an idea that he might be called upor
j., to testify and should therefore hav'
ik taken particular notice Of the seller
Book said he might have had "a hal
i'll idea" but insisted that he would no
30 be able to identify him. He said III
Is did not see Cornelius Mundy In tn
establishment, nor had he tasted tn
Id contents Of the bottle at the time o
by the purchase.
Mr.. Arters was then called by MI
Chavtor. and he identified the thre
bottles Of whisky as having been thos
delivered 20 him by the preceding wit
= nesses. He said he had been In pos
" session of them ever since that time
except for the few minutes when the
v were with the grand jury prior TO MI
ms Mundy's indictment by that body.
10 John L. Wright, clerk Of the peace
in was sworn. but in order to hasten th
tic proceedings, Mr.. Chaytor informed I'll
he court that Mr.. Wright would testif
ne that Mundy had no license on Jul
es. 10 TO sell LIQUOR in less quantities tina
yis one-half gallon. Mr.. Richards how
ever. said this would be admitted. an
ms II was not necessary for Mr.. Wrigf
i. to testify.
Sc Judge Cochran then aT-@aunced III