Evening journal., 1913-12-29
FINE OFFICERS
And CLUB FOR
DRINK SALE
Judge Sends Gambling Charge
Against North Ind fSSOCia-
ton to Zig er Court
COUNSEL IN CASE
ASK FOR DISMISSAL

After Judge Churchman in City
Court today had denied motions by
Robert II. Richards and Robert G.
Harman to dismiss the charge OF
selling Intoxicating liquors against
James II. Barr Robert w. Kramer
and Daniel p. DuRoss. officers of the
North End Athletic Club, which club
house was raided a week ago Satur-
day night, counsel for the defendants
entered a plea OF nollc contendre
This was likewise refused. Judge
Churchman saying that as trial Of
the case had been entered into, such
a motion could not be entered. Mr.
Richards and Mr.. Harman then en-
tered a plea OF guilty in place of that
Of not guilty which was entered a
week ago today The court then inn
posed the smallest fine, $50 and costs
each on the club and the three 0lli-
GERS who Wer' charged jointly.
Three other charges of Ike
nature against the defendants.
we're dismissed. The charge OF con-
Quoting a gaming table against the
defendants was not heard in City
Court today the attorneys waving a
hearing on this charge and the Off
GERS being held under $500 bail each
for the Court Of General Sessions.
When the case was called this MORN
ing the dingy court room was we'll
/ filled with men, many of whom were
members of the club whose clubhouse,
at No 2li East Fourteenth street.
had been raided by officers a week ago
When arralgned last Monday the of
hcers entered pleas of not guilty TO all
the charges. and this morning Mr..
Harman took exception to the phrase
"proper license which was used In
the information He contended that
IL should have read, Failed TO have
a retailers license" Although Judge
Churchman ruled that this was not
necessary. Mr. larman moved Go
quash the information. This motion
was refused Boy the Court Mr. Har-
man then filed a plea as 90 iurisdic-
ton 0f the Court AS Mr.. Hartman
was presenting this motion Assistant
City Solicitor John r. Lynn. who was
prosecuting the cases, presented the
four iniormations which he insisted
should be presented TO the Court.
These were admitted but 1t was agreed
TO prosecute but one. that charging
that one George Connor. member,
had purchased Intoxicating liquors at
= the clubhouse
The plea presented by Mr.. Hartman
stated that the club was organized
for athletic. social aud charitable pur-
poses. had been Incorporated as such
and the liquor sold was not for profit
The plea of jurisdiction was signed b,
the club officers After hearing th'
plea. Judge Churchman oNcrruied
lsaylng that IL did not say which Cour
did have jurisdiction. Mr. inrnai
said his contention was that no Cour
did have jurisdiction and Judg,
lChurchman said plea of not quilts
should then be entered. Assscianl
Solicitor Lynn coniended that all Tho
points mentioned By the attorneys iol
the defendants had been previously
ruled on hy Judge Churchman IN
similar cases. and Mr.. Lynn demurrec
against the filing of The plea. The
Court sustained Mr. Lynn. whereupol
Mr. Harman asked that the case b'
continued until tomorrow, as he wa'
not ready to proceed This was OBJ
iected TO by Mr. Lynn. Judge Church.
man said that as the case had been
continued for a week or more, I'D
thought the hearing should proceed
A plea of Not guilty was then en-
tered. and Mr.. Lynn opened the case
presenting a certified copy OF tho pa
pers of incorporation of the club. 1hii
was objected to by Mr.. Harman, an'
the objection was overruled. Mr.. Lynn
then presented the Government Ncens
as evidence and Mr. Harman askcl
that the charge be dropped and
plea of nolle contendrc against tn
club be entered.
Judge Churchman replied that thi
was unusual. as the trial of the cas-
had been entered into and, al en- dis
cussion. it was agreed by counsel 10
the defendants that the plea OF nl
guilty be changed TO one of GUILTY
which was done at the Courts orde
with the proviso. without prejudice
b The lowest fine was then impose
D on the club as well as the three OF
ncers and the other charges OF a lik
e nature were dismissed.
Judge Churchman then had the se'
I eral Witnesses In these cases calle
+ and they were discharged. Those VII
we're under bail in the gaming tab
+ charge We're ordered released Wit
:, out bail, but not until the matter
several bogus names they had eive