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29c
<br />
<br />December 9, 1930
<br />
<br />To'theMembers of the 'Clt~ Council,
<br />Portsmouth, Va.
<br />
<br />#PoTtamouth~' Virginia,
<br />December 2, 1930.
<br />
<br /> We are taking'thismeans~of'presentinEto"you~ourTresent predicament arising from
<br />the-recent suit of K. A. Esleeck against'us, occasioned by the searcher The Cavalier
<br />Shoppe, located on High Street near Court; Though' having-been vi~tually exonerated
<br />of any wrong d~!ng, we' are~indebted on" account of said suit in the sum-of One Hundred
<br />Ninety-two-Dollarsand Thirty-five cents ($192.35), which amount includes_ cou~t costs,
<br />eou~t-reporter, a~Attcrney"m'fee, and'-which~amount' in consideration of all the 'facts
<br />surrounding the-search certainly in justice should not be borne'by us, as we d~ only
<br />that we were ordered to do, and were not privileged to use our discretion in the matter.
<br />
<br /> The facts briefly are ~s follows~ On'the 13thday of December, 1929, &t,~about 11:~0
<br />P.M., in going off duty'.we passed.and stopped~'by'the police station, aad were:then and
<br />there ordered by Oaptaln Talbot~ who was acting at the specific direction of ~hief of
<br />Police'BrouEh~on~-.tog~"~a'se:~m~hwa~r~Jlt for'The Cavalier Shopp~, search the same, and
<br />all p~rsons there~n~ andif ltqucrwas"found to"~rrestal~ persons, which warrant was
<br />written:by Mr. ~ilson, the Justice' of the-Peace ~resent~ affidavit having been madeby
<br />Mr. ~hite, at the direction ofthe Chief of Police through Oaptain Talbot, and pursuant
<br />to said search warrant we searched a booth'lnThe Cavalier Shoppe that we were directed
<br />to sesurch, and found no tiquor, nor a~rested anyone, but did detain for seFeral moments
<br />several yomng men, among whom was the plaintiff Esleeok, i~as~ertaining whether ur no%
<br />there was liquor in this booth, where seven or eight ygumg men were congregated.
<br />
<br /> ~e were jointly sued in the Circuit 0ourtof the Oity of Portsmouth for Ten Thousand
<br />Dollars ($10,000.00), which was tried on the 23rd day of May, 1930, and were ~epzesented
<br />bY Tom E~ Gilman, Attorney, which suit resulted in a verdict against us for one cent
<br />damages; naturally meaning that we were vindicated of any intentional wrong, but perhaps
<br />technically wrong byldoing tha~ that we ~ere ordered to do by our superiors.
<br />
<br /> This letter is to apprize ~ou briefly of the facts, hoping that the Council will
<br />appropriate a sufficient sum to defray the above mentioned costs, and is done at the
<br />suggestion Of our'Oity Manager, who is f~miliar with all the facts in detail. If there
<br />ar~ aay further facts concerning the above ~hat you would like to have we will gladly
<br />furnish the same.
<br />
<br />Respectfully,
<br />
<br />J~s. ~do!ph,
<br />TJ H.RETere,
<br />O. W. ~hite.#
<br />
<br /> On motion of M~. Maupin, the communication was laid on the table until the next
<br />regular meeting of Cotmcil.
<br />
<br />The following communication was read:
<br />
<br />Mayor'Vernon Brooks and-
<br />Honorable Members of City Council.
<br />
<br />"Portsmouth, Va.,
<br /> December 8, 1930.
<br />
<br />Gentlemen:-
<br />
<br /> Alias Santa Olaus has secured the City Auditorium, at the price of
<br />Wednesday night, December l?th, to give a benefit performance for the fou~ families who
<br />are in pitiful circumstances- husbands unemployed- children (20 in all) in need of food,
<br />aad no funds in their homes.
<br />
<br /> I have secured talent from Norfolk and Portsmouth who are cheerfully giving
<br />their services and the Colored Roland Hayes Gee Club is helping out free of charge.
<br />
<br /> City Officials approached said we could not have the Auditorium free even for
<br />charity so I am asking that the Council &ppropriate $15.00 to the Alias Santa Claus Fund
<br />and let that p&y for the Auditorium.
<br />
<br /> We cannot afford to take $t~.OO that would buy fuel and food and give to
<br />the City when the unemployed of our City need it.
<br />
<br />Most cordially,
<br />
<br />(Mrs, R.)
<br />
<br />Lelia J. Triplett,
<br />Chairman
<br />Alias Sant~ Claus Fund."
<br />
<br /> On motion of Mr. Stewart, a special appropriation of $15.00 was allowed to make this
<br />refund for amount paid for use of the auditorium.
<br />
<br /> 'A report was received from Fred. F. Ames & Company, certified Public Accountants,
<br />of the audit of the books and accounts of the Norfolk County Ferries, for the month of
<br />October, 1930.
<br /> 0n motion, the report was received and ~as ordered to be filed.
<br />
<br />On motion, adjourned.
<br />
<br />
<br />
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