El Paso herald. (El Paso, Tex.) 1901-1931, 1912-03-26
SALOONMlN FINED
IN POLICE COURT
Mccarthy Appealed Case,
And Case of Miller Set
For Wednesday.

John Mccarthy, who conducts a sa-
loon at 1901 Alameda avenue was
fined 5000 in the police court Monday
afternoon on charge Of selling liquor
on Sunday. He gave notice of appeal
and some day the case may be tried IN
the county court
The case OF J. O. Miller. arrested
Sunday on a similar charge, was set
for Wednesday afternoon.
Mccarthy pleaded not guilty to the
charge registered against him and the
city opened and closed its case with
two policemen The first Of these was
j.. McMindes, a new man who was re-
Gently appointed to the force He tes-
titled:
About 1880 Sunday evening Mr.. Nor
row and I went into the saloon run BY
Mccarthy, opposite the Midway Inn
on Alameda avenue. At first he re-
fused to sell US anything but later he
took US in the side door. I ordered
some beer and MOrrOW ordered whis-
ky. I drank the beer and then told
him 1 would like TO have q couple OF
bottles wrapped up to take with me
he declined 10 give them to me"
Bought whisky.
Policeman Z. E. Morrow. the next
witness, testified.
We met Mccarthy in front Of his
place between and o'clock. ] cannot
state the exact time. We went in
through dark hall by the side en-
trance ana the room was very dark.
/ bought two Whiskies and McAfindes
took beer and we drank them Then
I said I would like to have a half pint
Of whisky to take with me. Mc8Iindes
said ne believed ne would take one,
too. We got the two bottles and left.
Mccarthy is the man who sold It TO US
and We paid him SL10. There was no
one else in the saloon at the time"
NJ Z. Sherrer, the first witness for
the defence, testified that he had left
the defendant standing in front Of his
Of hrre al Il rH-s -
Morrow and McMindes but Mccarthy
mad told him there was nothing doing.
Family at Church.
McCarthy's two sons. Eddie and Mer-
r1ll, testified that they had met their
father about half 2 block from home.
that ne went home with their mother
ABOUT 1885 when they came from church
and the two boys came 10 town But
the younger boy, Merrill. testified that
when he saw q clock down town IL
was five minutes after nine. He said
they got on a car two minutes after
leaving their parents.
Con McNamee testified as follows for
the defence: i was at home sick OF a
Sunday nOight phWin Mccarthy came
into me room at his bOardin' place, an
ne sez SEE he. Sure an ven die in
bed SEE he. 'Oi don't want to git up
SEE Oh but OF did an we sat a talzin'
until about $3.50 afther the ould woman
had come in"
Ordinary Grist.
W. Wicker charged with vagrancy,
was fined $25- He testified that he
had been exercising three horses for
j. H Adams at Washington park and
only had to work in the mornings. W.
~ Ford, who at first told the police
his name was W. H. Moore. was as
sessed $500 because he could show no
visible means OF support.
Jesus Aguirre admitted having taken
a slice out OF the neck Of JenOTevO
Garcia, and although he had originally
been docketed on charge of murder,
this was changed to simple assault and
he paid a SIS fine.
joaquin Flores, janitor at the Beall
school, was fined IS on a charge OF
using abusive language. He had talked
jmpolitely TO two policemen in the
carly hours Sunday morning. He had
taken few glasses Of wine, he said,
and did not remember what he had told
the police, except that he wanted TO
nave his brotherinlaw arrested
Jesus Garcia, OF the rebel army in
Juarez who swan the river Saturday
night. was sent back to Juarez. How
ever, his two cartridge belts, containing
lVO rounds Of ammunition. were con-
Ilscated. He said he had been drink
ing and fell into the water and the
only way to get out was to swim, so
ne swan to the American side.