Evening journal., 1913-04-23

Judge Philip Q. Churchman, sitting
In City Court this morning, handed
down a decision in the case Of Isaac
s. Horn, an alleged officer of the East
End German Democratic Club,
charged with selling beer and whiskey
without a license. in which he was
found guilty.
All clubs are barred from dispens-
3ng liquors through the aid Of checks
or cards TO members under Judge
Churchman's decision This opinion
strikes blow at all fraternal and so
cial clubs in the city. and will put an
end to a practice Of over AZ years
duration of clubs selling liquor to
members by methods that have been
followed
The case was brought as test case
by William F. Kurtz and Phillip l..
Garrett. counsel for over twenty clubs
in this city that maintain sideboards,
and it was prosecuted by City Solicit
tor Daniel o. Hastings and his assis-
tant John Il. Lynn When the case was
called this morning, it marked the
first action Of the City Court judge
in presiding over a case where beer
was involved, his powers HERETOFORE
being purely those Of a magistrate to
bind in bail for upper court The law
was changed by the recent Legisla-
ture and the City Court has final iur
isdiction in these cases.
In his decision Judge Churchman
said that in his opinion, Hugh Ferry
the member of the club who obtained
the liquor from Horn, thought he was
buying it and that Horn believed he
was selling it. and that the exchange
OF checks was a mere subterfuge tC
evade the law. He likewise claimed
he disregarded the mode and man
ner of the sale, which showed tha
Ferry paid ten cents for two checks
and then gave them to Horn for f;
dring of .whiskey.
Following the decision Mr.. Garrett
counsel for the defendant, asked tina
his client be paroled, but this wa
objected to by Mr.. Lynn. the assist
ant prosecutor. who claimed Hori
was not a youth and that the viola
tion of the law had been going ol
for some time. Mr. Kurtz, counsel as
eociated with Mr.. Garrett. said
-We admit that il has been going o
ever since the club was organized,
Judge Churchman then had the revi'
ed code read governing the parolin
of defendants convicted of crimi
The law read that any judge had I'll
power to parole. after taking int
consideration the youthfulness. cha
Rcter and antecedents of the prisone
and the court said Horn might hay
the last two characteristics. but n'
the other, he being middle-agcd.
The request was taken under az
visement, however, by the court. al
he will give an opinion on Friday
addition, like charge against Jof
Long, another alleged officer Of II
club, will be passed on and thl
against Albert Koop. president of Il
organization, will be tried. Attorn'
Kurtz has declare he will fight tn
case as Koop was not present whs
the sale to Ferry was made and clair
ed that an officer of the club, Whit
Is an incorporated body, could not
held responsible under the circuI
stances.
When the case was called this NOR
ing there was a goodly array Of Z
torneys. court officers, liquor deale
and clergymen. among the latter
ing the Revs William Temple, S.
Morgan. G. T. Anderson, W. f. Cor
ran. 4. NJ Morgan. T. F. Beachar
and George W. Dawson. There We
also many members Of the Wilmir
ton Prohibition League and 9th
temperance organizations.
The club house was raided by
police on Sunday. March 3, and mu
liquor and beer was captured VIII
the case was called counsel for