The Sentinel=record., 1914-04-12
PRELiMlNARlES IN APPEAL FROM LIQUOR DECISION OF JUDGE
 MOONEY TAKEN UP.
NO JURY TO HEAR THE CASE
Judge Gotham Rules That 1t is a Re sponsibiIity the Court Win Assume. Though One That Any Court Would Prefer Not to Pass Upon.

Three very important points rela.
 tive to the appeal from Judge
 Mooney's court, granting liquor licen-
 ses, were taken up in circuit court
 yesterday morning before Circuit
 Judge Gotham, and as a result of the
 decisions, Attorneys Sumpter and
 Mcconnell, for the prohibitionists,
 won two points. and Attorneys Whit
 tington, Sawyer and Davies, for the
 liquor petitioners, won the other. As
 whole, the attorneys for the prohi-
 biuonists were most highly pleased
 with the results.
 The points taken up were as to
 whether the court or a jury would try
 the facts in the case; whether there
 should be a further postponement of
 the hearing from April 27 and
 whether briefs could be submitted to the court on the law.
 Attorney Wilmington urged that the discretion of the court to permit a jury to be the judge of the facts be used. He urged that because of certain matters postponement should be granted until May 1. He urged that the attorneys for both sides be permitted to file briefs in the case thus saving much oral ar gument
 Attorneys Mcconnell and Sumpter opposed the presenting of the facts in contention to a jury, and they opposed any further delay in the hearing Of the case after April 27. They did not vigorously oppose the brief filing.
 Judge Gotham rulel that he would decide the questions of fact instead of a jury. that there would be no
 delay, and he did permit the attor- neys to file briefs.
 When the case was taken up Judge Gotham stated that the cases had been set for Monday, April 27, and that the court was arranging its busi- ness so as to not hold a jury during period it would not be used, there fore he would listen to the attorneys in the case relative to the trial of the case on that date.
 Attorney Wilmington called the at tention of Judge Gotham to the sit nation which left it matter for the counts discretion as to whether the
 facts in the case should be determ
 ined by court, or by a trial jury He thought it more appropriate that jury should pass on the facts, un- # der the courts instructions. He said the most important facts to be de- = termined in the rehearng of the case a was as to whether q majority o1 the a white adults of the city had signed q the petitions for liquor and he be < ieyed that this was an important q fact for a jury to determine He ad- # mitted that this was no demand Tor # jury hearing, but said 1t was within # the courts discretion to grant one
 He then took up the matter ol # postponement of the case, calling the 8 attention of the court to the fact that & he was a member of the Democratic # State Central Committee, which S would meet in Little Rock next week # in order to hear an election contest # and that probably that would con # sume much of his time, and deprive N him of the opportunity to properly # prepare his case. And along this . line, he argued before the court TOT I the privilege of getting up briefs III
 the case that the progress or the # trial might be facilitated.
 Attorney Mcconnell stated that the # attorneys for the other side had ad- s# mitted that they were not employeu @ finally in the case, and therefore
 they did not have the right to ask # delay or make other pleadlnSs'
 They had previously stated to the ga court that they had not been flnally @ retained, but had been spoken to
 about handling gthe case in circuit
 court1 Mir. Mcconnell said that III
 the hearing of the case in the local
 court he had made an endeayor 70 's6 find out who the attorneys on the M other side represented, and that MT
 Davies, one of the attorneys, had salu @ that Messrs. Wilmington and sawyer S represented him QDavies), and tna'
 he himself was a petitioner.
 That is about as near as we nave M ever been able to finding out Who
 the lawyers on the other side repre-
 sent said MT. Mcconnell. we pc
 lieye that it is important to this pro
 ceeding that they inform us who