The President v. O'mailey

• Decision Date: 30 April 1857
• Citation: 18 Ill. 407,1857 WL 5594,8 Peck 407
• Parties: THE PRESIDENT AND TRUSTEES OF THE TOWN OF ST. CHARLESv.PETER O'MAILEY.
• Court: Illinois Supreme Court

18 Ill. 407
1857 WL 5594 (Ill.)
8 Peck (IL) 407

THE PRESIDENT AND TRUSTEES OF THE TOWN OF ST. CHARLES
v.
PETER O'MAILEY.

Supreme Court of Illinois.

April Term, 1857.

THIS was a suit commenced before a justice of the peace by the town officers of St. Charles, for the violation of an ordinance prohibiting the sale of liquors, for a failure to pay penalties, a certain sum, not exceeding $100.

A judgment was rendered before the justice against defendant for $100 debt, and costs of suit. The defendant appealed to the circuit court. At May term, 1856, of the Kane circuit court, the cause was tried on the appeal, before I. G. WILSON, judge, and a jury.

[18 Ill. 408]

A witness was sworn, who testified that O'Mailey had sold him two drinks of brandy at his grocery, in St. Charles, at two different times, on the 29th of November, 1855, and also a pint of whisky to another person on the same day. On his cross-examination this witness stated that he resided at Batavia; went to St. Charles for the purpose of buying liquor, that the defendant might be prosecuted; I drank twice on that evening at defendant's; went to several other groceries and saloons on same evening; drank five or six times in all that evening. Question. State whether you are a member of a temperance society, and pledged not to use intoxicating drinks? Did you not go to St. Charles to buy liquor of defendant at the suggestion or request of an organized band or society of men at Batavia, or by a resolution of such a band? Answer. Well, I hardly know whether I can answer the question. There was no resolution passed; others knew I was going; it was spoken of by others; I expected to have my expenses paid. Question. State whether or not you are a member of a society sworn to prosecute liquor sellers, and to destroy their property? Answer. Don't know as any one offered to defray my expenses; had some expectation that they would be paid; I paid for team and liquor; no one furnished me any money.

Another witness stated that he went to St. Charles for the purpose of purchasing liquor of the defendant, that he might be prosecuted.

Rolla French sworn: I am the corporation clerk of the town of St. Charles. These (referring to the book of records offered in evidence) are the records of the corporation of the town of St. Charles. These ordinances and certificates (referring to the ordinances and certificates of publication upon which suit is brought) are in the handwriting of A. R. McWayne. He was, at the date of said ordinances, the clerk of said corporation.

A. R. McWayne, sworn: Know defendant; resides at St. Charles. (Plaintiffs' counsel gave book of records, purporting to be the records of the corporation of the town of St. Charles, to witness.) By plaintiffs' counsel: Please to state whether or not these are the records of the corporation of the town of St. Charles? Answer. They are. Please to turn to the ordinances passed by the president and trustees of the town of St. Charles, June 15, 1854, and the certificate of posting such ordinances, in relation to the sale of intoxicating drinks, and state whose handwriting they are in. (Witness opened book to ordinance and certificate, and examined them.) Answer. They are in my handwriting; I was...