Evening journal., 1914-04-07
VIOLATION Of
bottle LAW"
IS alleged
Law and Order Society Pros
ecuteS Three Saloon Keepers
Under the Act
CITY JUDGE WITHHOLDS
JUDGMENT Until THURSDAY

This was Law and Order Society
day in City Court when three saloon
keepers were charged with selling
liquor without a license There is a
special license necessary TO sell whis-
key by the bottle. in quantities less
than one quart to be drunk off the
premises; and it was alleged that Ed |
ward J. Fahey. of No. Ills French !
street, Andrew p. Casey, Of Second (
and Tatnall streets, and Mrs. Joanna
Hanley, of Eleventh and French
streets. had sold liquors in less than
one-Quart to be drunk off their prem
ises when they did not have a license
for such sales There are three
chargs against Casey.
William L. Donovan was the prose-
cutting witness against Edward J.
Fahey. Of No. 111S French street.
Donovan testified that he went to
Fahey's saloon on Saturday night,
March 2S, and bought half pint Of
whiskey. He kept the bottle and
contents. In answer TO Aaron Fin
ger, who represented F'ahey. the wit
ness said he got the whiskey from
Fahey. He bought a glass of beer
and a cigar at the time he bought at
Fahey's saloon. After he bought the
whiskey he marked it for identified
tion.
Joseph L. Pyle testified that he
was with Donovan when the latter
bought the half pint of whiskey, and
saw Donovan mark the bottle for
Identification.
Deputy Clerk of the Peace John l.
Wright testified that Faheys special
license expired on March %. and he
renewed il again on March 30.
William l.. Donovan was recalled and
said he tasted the contents OF the bot
tie and testified the bottle contained
lwhiskey.
Frank f. Haley testified he got the
bottle from Donovan and delivered It
ito Chief of Police Black. The contents
had not been disturbed.
Chief Black and Sergeant Schell tes-
'tih 4 the contents OF the bottle had not
been disturbed.
Mr.. Finger claimed that the testimony
was inadmissable as 20 the contents OF
the bottle. The court overruled the OBJ
lection.
For the defense Edward I. Fahey tes-
titled he knew Donovan and that he was
not in his saloon on the day mentioned
and he never saw him in his place He
deiied that he had sold the whiskey to
Donovan. He did not see Pyle in his
place, he said.
Edward Gipp, the bartender at Fa-
lhey's, said he has known Donovan foi
wears. but he has not been in Fahey's
saloon since Fahey has had the place
Donovan, to the best Of his knowledge
was not in the place on the night oi
, March 2s Gipp testified.
The court win give its decision OF
, Thursday morning.
Andrew p. Casey. who conducts a
, hotel at Second and Tatnall streets
pleaded not guilty to three charges OF
, selling liquor in quantities less than
one quart to be drunk off the premises
] The State contended that Casey did not
I hold a special license on the day Of the
- sales. The defendant was represented
by Philip L. Garrett. William j. Dono
{ van. who testified in the Fahey case
. also appeared as a witness in the Case,
case. Donovan said he saw Joseph Pyl'
t purchase half pint of whiskey il
Cascy's hotel on Saturday, March %
e After witness drank part OF a glass o
beer he and Pyle left the place by tn
= West Second street door.
e Pyle. said he bought the half pint o
whiskey In ordering IL he said TO th
n bartender: Il want half pint of whis
5 key" Pyle said he paid for the liquor
o Mr.. Garrett. who appeared for Casey
: asked the witness what was his inten
tion when he bought the wnlskey. Wit
! ness said he did not tell the bartende
/ that he was going TO drink the whiske.,
off the premises. Mr.. Jarrett SAID IN
. whiskey had not been drunk and
: could have been purchased for medicine
purposes.
Judge Churchman said he had neve
heard of proving the intent of the part
(, violating the law.
< Assistant City Solicitor Lynn sal
-s the possibility was that the liquo
l. would be drunk.
Is Judge Churchman reiterated he coul
not see how witness could prove tn
intent OF his purchase and that the sal
Ie was the gist Of the action. The que'
s. tion was not admitted.
+ Frank Z. Haley, Of the Law an
- Order Society, was called to prov
le the condition Of the bottle, and DonC
n van was called to prove that th
bottle contained whiskey.
In a second charge against Case
\. Frank Hainsworth testified that /
- !. was in Casey's place of business O
y March 30, accompanied by Josep
Hayden. and bought a cigar and the
b a half pint OF liquor. He gave u
- bottle to Isaac W. Bowers, Sta
revenue collector. Hainsworth d
,e not tell the bartender what he wa
n going to do with the whiskey. I
took It off the property. Joseph Ha,
o. den corroborated Hainsworth.
a In third case against Casey, Spa
nv II. Dickey said he was in Casey
saloon on March 81. when he boug
ed ginger ale for himself and gin f
Colomon Peterson. He said he sa
Peterson when he purchased half
he pint of whislzey. and Peterson ga
the bottle TO Isaac W Bowers.
a. Solomon Peterson. colored, testif'
d. that he bought the half pint of viii
iis key at Casey's place OF business. al
T. took it of the premises. He ideni
w. fed the bottle he received.
as At this point MIR. Garrett remark
he that Mr.. Casey often sells in quan
Continued on Page Two.