Every evening, Wilmington daily commercial., 1918-11-04

matter, saying that a case was pending
against Pollock in the Municipal Court
and as that court had sole jurisdiction in
one Of the charges involved, he thought
General Sessions might await the lower
courts decision upon IL.
Judge Rice replied that the upper
court wasn't governed by what the lower
court did withsthe case, but that what IT
was doing was hearing evidence as to
whether or not the license held by Pollock
should be revoked. Judge Heisel added
that he and his colleague were not passing
upon anything but Pollock's fitness TO
hold a license as revealed by the testi-
mony they heard.
MIR. Harman then asked that he be
given until "Wednesday to get witnesses
together, but this application met with
the same fate accorded TO Judge Ball's
application, and Mr. Harman was told
to issue his subppnas, for service and re-
turn at once, while Sheriff Francis, who
was i'm court, was ordered to Use extraor-
dinary diligence and dispatch getting the
subpunas served and witnesses into the
court room.
After some other business had been
transacted the court took up the case OF
Pollock. Horace G.. Eastburn handled
the Law and Order Society side, reading
the application for the rule on Pollock,
alleging his violation OF the Board OF
Health's order by selling liquor while the
ban was down, and also declaring vio-
lation Of the law by maintaining secret or
clandestine entrance To the saloon and by
having the windows screened in violation
of the act
This was followed by presentation Of
the Board of Health minutes, showing
the LAYING down of the ban on October 2,
ordering all churches, theatres. saloons,
etc. closed until further order, by reason
of the public danger involved IN the IN
fiucnsa epidemic
Mr. Easthurn's first witness was Frank
I, HALEY, the Law and Order Society S
special agent He said he had been in
formed on SATURDAY., October II, that
there was n gathering Of men in the pool
room in the back part of Pollock place
He watched the premises fer a while and
saw the back gate on little street in
the rear WIS being used as an entrance
and exit for the place. He called an Of
ficcr and they went into the back yard
There they found a number Of men, and
questioned them as to what was goIur on
in the place, getting evasive answer,
FOUND MEN IN roof ROOM
Then they entered the pool-room
where they found thirty or forty men.
glasses Of the Whisky type on the pool
table, bartender behind the bar, Mr.
Pollock present, and the cash register
going AT intervals. The pool room and its
occupants, Haley went on, werc screened
from view Of the street
Cross-examincd by MIR Harman. Haley
was asked if he had warrant when he
went into the place Prompt objection
was made by MIR Eastburn ON tho ground
that possession Of warrant or no pos
session wasn't material Haley had gottcn
into the place, Just like others who were
there and he had not made any arrests
MIR Harman next wanted to know whether
or not the entrance on the back street
hadn't been used for years He also
wanted to know il the front Of the place
the bar-room--had been screened from
outside view Haley said il was
Policeman Elderkin who was the Of.
ficer Haley called 10 assist in his investi ga
tion. was the next witness. He said h,