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Sanford Dearing states that he is one of the regular policemen of Louisville Ky in the 3rd ward, in which Mr M. J. Schmidt's coffee house & restaurant is & has been kept, and for the alleged offense of there keeping a disorderly house he has recently been fined One hundred dollars in the City Court of Louisville. He states that he has been policeman as aforesaid in the same ward for the last 8 years. That when Mr Schmidt first applied for license to keep the house affiant was opposed to the house being kept there, but the license was granted & Mr Schmidt has uniformily kept as orderly & quiet a house of the kind as any house in the neighborhood & as drinking houses are usually kept. Yet his home was the only one indicted.
Affiant in his business as policeman passes the house more or less every day and night, has never seen or heard of any disorderly conduct there, further than at times there would be loud talking as is sometimes the case at drinking houses, yet affiant has never been called on or had any occasion to make any arrest or do anything to preserve the peace at said house, nor has he ever heard of any occasion which such service from him was required. He states that it his belief that Mr Schmidt has always acted with the view to keep an orderly house -- in fact, he knows that sd Schmidt has always been in the habit of closing
his house at proper hours; and on several occasions, to affiant's knowledge, he has closed his house before the usual time, in order to preserve quiet, when there were drinking soldiers in that part of the town.
Affiant, though a regular policeman in the ward was not Examined as a witness on the trial of the indictment, & was suprised to learn of the fine against Mr Schmidt.
If he had been such witness, a knowledge of their truth would have compelled him to testify as above set forth, although he is in principle, opposed to drinking houses. He really believes the fine ought not to have been imposed, and ought therefore to be remitted.
Sanford Dearing.
Thomas Ryan states that he is one of the regular policemen of the City of Louisville in the ward in which Mr Schmidts house is kept and has been for the last three years and before and since Mr Schmidt kept the house. Affiant passes the place regularly every day & night at different times, and has always found it to be as well conducted a house as drinking houses usually are, though at times when drinking soldiers were there there would be loud talking, yet no fighting or disturbance, nor any cause
for the interference of the police.
It is often the case at drinking houses that the proprietors have to put up with loud talking, rather than raise a disturbance by trying to stop it. Mr Schmidt has always shown a disposition to keep an orderly house & has always kept as orderly a house as is common where spiritous liquors are sold.
Affiant has heard read the statements above of Mr Dearing & adopts them as his own so far as they apply to the character of the house & Mr Schmidts conduct & the fact that he ought not to have been fined. Affiant was one of the witnesses at the foot of the indictment, but the attorney for the Commonwealth declined to have him testify having just before the trial spoken to affiant as to which he would testify of -- at which time affiant told the attorney as above stated, which enduced the attorney not to have him testify affiant believes the fine ought to be remitted & joins in the prayer to that effect