Evening journal., 1912-03-05
SALES
UP TO COURT
Magistrate Lewis Holds Three
Defendants on Sunday
Selling Charges
TMe OTHER CASES
TO BE HEARD LATER

Magistrate Lewis, before whom was
brought the officers and members OF
the five clubs raided by the police on.
Sunday, accused Of selling beer with
out license, held the defendants in
three Of the cases for the upper court
ia $500 bail each. The remaining
cases were postponed, that Of the
Polish Independent Club, at No. 800
Chandler street, in the Eleventh ward.
until Thursday afternoon, at o'clock,
and the Sreuchenko Ruthenion Club,
at No. sol Townsend streets, until TO-
morrow afternoon at 2 o'clock. The
defendants in the last named case were
represented by ]. Frank Ball, who
requested the postponement, and in the
case of the Eleventh ward organization
the postponement was granted at the
request of the defendants themselves,
Marion Smulsld and Cashier Scot
neski. They wanted TO get an attorney
and prepare a defense. Frank leman,
of Philadelphia, a witness, was heard,
and later held in 500 bail to insure
his appearance as a witness, when
wanted. He testified that he was in
the club house in question on Sunday
and was treated by friend who TOOK
him there. He saw this friend buy
beer checks and later spend them over
the bar. The witness said he drank a
glass of whiskey and a glass OF beer n
the place.
Patrolman Finn testified that he and
another officer raided the place. He
identified the government tax stamp
taken from the. place, and produced in
evidence by the attorneys OF the Law
and Order Society.
The clubs and defendants arrested
in each case and held for the upper
court were: The Joseph Mazzina
Club. Third and King streets; Generosa
Verderame, Fortunate Pelegio, Nicho-
las Caruso and Olesandro Nannu
Nanni, defendants; The Elm Tree So
cial Club, No 140S Thatcher street,
Lewis W. Miller, Jr.. and William
McCracken and the General Kosciusko
Club, No. 800 East Second street, Jo-
seph Moleski, John p. Wisnieski and
Joseph Helenski.
There was a large crowd within
Mag strate Lewis Office and still
bigger one outside, most of whom were
witnesses rounded up in the ra d. The
Law and Order Society prosecuted the
cases and was represented by Caleb
e. Burchenal and Horace G. East
burn.
With the exception of the Polish In
dependent Club all the defendants
were represented by counsel. Leonard
E. Wales and j. Frank Ball appeared
for the club at Third and King streets
and Mr. Ball also represented The
Ruthenion Club officers and the Elm
Tree Social Club, while Phi lip L. Gar
rett appeared for the East Second
street club.
The evidence in the three cases held
for court was to the effect that beer
checks were sold and beer passed in
exchange for them at the different
clubs, and the evidence was practic-
ally a repetition.
Counsel for the defendants and the
lawyers of the Law and Order Society
had frequent tits on questions Of law
and the admissibility of evidence.
Finally the whole question resolved
into the point that the sole aim OF
the prosecution was to get a ruling
from the court as to whether clubs
are permitted, under their charters and
the law, to sell liquors to members.
To make this point clear. Mr.. Bail
brought up the subject, and Mr.
Burchenal admitted that the Law and
Order Soc'et wanted a ruling. II
was further shown by Mf Ball thai
| the sale of beer had been proved only
in the case Of members and that ne
outsider made purchases.