Every evening, Wilmington daily commercial., 1918-03-21
CONTINUES HEARING
OF CIRCUMSTANCES
Court Decides in Some Cases and
Holds Up Final Judgment
in Others.

1
liquor license applicants was resumed
| in the Court of General Sessions yester-
| day afternoon.
In the case of James Hayes, 517 Spruce
street, Attorney Burchenal stated that
this remonstrance was based on the
indictment of Hayes for murder, and his
| conviction OF assault on a Negro named
| William Cummins, in September, l9l1.
| Allegations of noncompliance with the
screen laws and of illegal serving of
| liquor in back rooms would not be pressed,
as the fine and imprisonment were mat
tcrs of record, and were conclusive as
10 the unslIitabiity of the applicant for
| holding the license.
Mr.. Ban, for the defendant, gave
| different version of tho events leading
,p TO the assault. andhad two expert wit
ncsses at hand. by whose testimony he
offered 10 prove his contentious. but the
| court decided that IT would not bc ncces-
| sary to hear them but heard the testi-
| mony Of Mary Jenkins and E'sIC Town
| send AS to particulars of the assault, AMI
of Albert ] Met 'rery. deputy coroner
The chief Justice ru'cd that the tes-
| timonv did not materially alter the CIR
cumstances and announced that the de-
rision of the court would bC handed down
IT , 70 O'Clock
The rcmonstrancc in tho case of Mar
| garCt Richenbcrper, 3O1 Ship'cY
| street. was based on allegations of cater
mo To women Of loose character and non
compliance with the sections OF the n"
regarding screens. c'andeSlnc entrance
and SUNDAY selling Tho appicant was
| rrDrcScntcd hV L. Irving Handy
Frank +. Haley identified photographs
of the pr, misses and described an alley
way in the rear. and testified 10 finding
curtains drawn shortly before and after
| II midnight on two recent Saturdays.
/ Mr. Handy brought out on crosS-cX-
animation that the door giving access
10 the allev on Third street was pad
| locked. and that no patrons went IN or
| out Of the main entrance whilc he was
there
| &. + Barrett testified as to the par
tltion surrounding part of The mann
room. inside Of which hc had sccn men
and women sitting ~ = table whcrron
| were drinks. he could mot form opin
ion of the ages of any ~ the women he
| had seen there, a~ appearance ar" dc
ccptiyc insuch matter Several tenants and
owners of adjoining property Ucrc heard
/ ae Ia the aieNvaN. and inc general con
! duct Of the business Decision WAS
reserved
In the ease of the application Of STAINS
law " solomon Second and Walnut
| Almond H. ChaNt0r appeared for the
| apphcant. and MIR l.asthuru for tho
rcmonstrant> alleging private rooms
| screen violations disoUdcrll conduct aud
| ciandcstinc entrances.
Frank +. Haley identified photographs
| of the premises and TO having received
| complaints. and observed conditions un-
| favorable to the visibility clause Of the law
/ FrancIs r. Green. sergeant ot dctec-
/ tIves made two VISITS oi investigation,
| being admitted on one occasion through
| the door at l16 Walnut street, which was
! unlocked by an attendant. In the front
| room he found l5 women and l3 men
! beng served with drinks. sandwiches
were on the tables and two women were
| seated on the laps 81 their men compan-
! ions. On cross-examlnation Il Was brought
| out that the date might have been that
| of the race rot in Chester. during which
| period the saloons were closed there
]. ". Fairchild Of the detective force,
| corroborated Greens testimony.
". r. Weldin testified that the place
| had bad reputation, that he had missed
| q sum az money between s. and $
which he thought had been taken from
| his pocket while hc was there on ccr-
| tain evening. and asleep 81 table tie
| admitted having had drinks IN other
! places earlier III the evening and that
| he had put Up hoiler to the manage
ment. with the result of being elected
| for making a disturbance and that he
| had not complained to the police. \
recess WAS taken al Is for an hour
At the afternoon session at 2.lJ, jus
tice PenneWill announced the decision
Of the court to grant the license 10 James
J Haves, II being held by the court
that his action In the assault case was
not shown 10 have been vicious or ag
gressive. that the testimony OF the two
girl witnesses Of the fracas heard at the
morning session was not conclusive, and
that the apparent neglect Of the assaulted
man was only cxpiicablc Oh the theory
that the seriousness OF his condition
was not realized by Hayes.
4 stipulation III the RIcheubergcr case |
by which the applicant agreed to remedy
the conditions alleged was offered and
accepted by the remonstrants. and the
license Will be issued
In continuing the solomon cas- ap-
pIlcant' 5 counsel put il evidence three
deeds TO the premises. which was for
merly the FELTON, House showing the
whole building was treated as one prop
erty, although previous licenses. also
produced were granted for the south
| east corner Of Second and Walnut streets
s Solomon. the present hcensee and APP
plicant for renewal, testified that he had
held the license for seven years; that drinks
were served in the front room Of ll6
Walnut street. and in the diningroom
back OF il 10 boarders with their meals
and that the shutters on the front room
window ri 16 were closed after business
hours because he window was low
and Inc nelghhorhood rough At other /
times the shades wcrc ordered 10 be
kept ~ lcast a foot above the sill and
were 30 kept, unless pulled down BY
customers seated near them He was !
careful not 10 admit either men or women
alone 10 the front room Of rs Walnut |
but served drinks 10 both men and women
who were in company lie had refused |
admittance to persons Of doubtful repu-
tation. and had finally closed this room |