Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-26
TESTIMONY Of DRY
AGENT IS DISPUTED
Surprise" Witness From De-
troit Tells of Earlier Visits
to lie Paradis.

Justice Charles s. Hatfield, who Is
presiding Mt the hearing of the applica-
ton of the Government for a perna-
nent injunction against the National
Cafes, Inc, and Meyer Davis, its presi-
dent, who operate lie Paradis Cafe, at l
Thomas Circle. ruled with the prosecu-
ton today and admitted the testimony
of William Il. Mulhall prohibition agent
now assigned to duty In Detroit.
Mulhall had been called out of turn
TO permit his return to Detroit. Coun-
sci for the respondents objected to his
testimony and called him surprise"
witness. when he stated that he had
visited the cafe April 8, 1927. when the
last date OF the alleged nuisance as
charged N the bill Of complaint IS
January OF that year The court took
the matter under Amusement and said
he would rule today
In overruling the objection Of the re-
spondents, Justice Hatfield said he did
SO reluctantly, but declared the Gov
eminent Is entitled to the evidence as
proof as the continuing character OF the
nuisance and for no other purpose. II
the Government should fail TO establish
the existence Of nuisance under the
national prohibition act at the cafe
within the dates named in It's bill. then
the court will not consider the evidence
OF Mulhall. the court said. His teSti-
mony will not be received. the court
pointed out. for the purpose Of estab-
fishing proof Of the charges in the bill.
MulhaIl Tells of Visit.
II want TO say continued the court.
the only purpose of this testimony Is
TO aid the court In reaching a con-
clusion as TO the extent and measure
OF relief to be afforded in its decree
II the facts of the bill be established
Mulhall said he visited the cafe In
company with Agent Thomas Andrews
and two women. AT table close TO
him. he said he saw man and two
women seated and the man severa!
times poured colorless liquid from a
flask into glasses and the contents were
consumed by all at the table. The
witness said he knows the odor OF
alcohol and during an intermission
walked closer to the table while the
man was pouring and clearly discerned
the odor Of alcohol
The witness said he saw a couple
at another table where the man
poured colored liquid into the "set-
ups" furnished. but did not say that
he smelled the odor OF whisky. He
also told Of couple on the dance
floor whom he described as under the
influence of whisky He declared he
vas attracted by their language and
demeanor
Mulhall said Meyer Davis. president
OF the National Cafes, Inc. vas present
when he visited the cafe and sat at a
table not more than Is feet away from
one at which the witness had seen the
pouring Of liquids.
Another Agent Heard.
Late Yesterday afternoon after obIec-
ton had been made to Mulhalls teSti-
mony Assistant United States Attorney
Harold w. Circuit called 10 the witness
stand Daniel Lyons. another prohibition
agent. Lyons had been with Mrs. Hazel
X. Mansfield when she visited the cafe
December Is 1925. Lyons said he took
along two nints Of cold tea which he
obtained at the Office al Mrs. Nina Van
Wrinkle. head Of the Womens Bureau
He poured the contents Of these bottles
openly into "set~upS" purchased at the
cafe. he said, On one occasion the
waiter smiled when he saw him, Wit
ness said and on another when he
dropped the cork Of one of the bottles
on the floor the waiter obl!ginglv helped
look for IT,
Lyons vas on the stand when the
court recessed yesterday, but gave way
to Mulhall after the court had decidec!
TO hear the testimony of the latter.