The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-26
Case OF Alderman Kelly, ortAe Sixth Ward.
FIFTH DAY.

WOOutOrt
This tedious and simple case involving the sobrety
Of Alderman Kslly, Of the Sixth ward and Revise
the quality Of the liquor drank different occasions
BY that worthy oty father, yesterday sftsrn
brought to oloss some Of the Witnesses having tssti
fed to psrtskipg Of brandy others ssrsspsrs but
appears to have been farce from the beginning
end caused BY political difference existing between
the alderman and Captain agnes Now the testimony
both sides Is In befors the magistrates but no
the Justice viii be able to form opinion grave
a;ubeot Without consulting Father Mathew, or come
otbor apostle OF temperance ~n be- to . doubtful
question 1t may possibly be the judgment of the court
to call both parties up and give each reprmand with
having acted difcreetly thereby holding thsmsev
ur to the censure Of deserving public; the court
party Tor their future good behaviour until after tho
coming election However, suppose the Justice will
that may DO fled and referred to on any future ocos
sion, when the legality OF locking up an alderman
shall be called In question.
MATHEW 4. BREN~AN. being sworn, says-I keep
Monroe Hall corner OF Pearl and Centre streets.
Eramined BY Capt MAeNrs Il was in tho Sixth ward
station house, on the morning in question, about
O'Clock; did not assist In taking James Hogan into
the bunk room OF the policemen during tho night
morning; know Thomas Hines, q witness previously
sworn in this case was In conversation With him in
the station house, on that night; he said Alderman
Kelly and others bad devil Of time down At Lees
porter house that night they all drunk together.
Cross denomination by Alderman KELLY.-I saw James
Hogan in the station house that night did not hear
him ray he could whip any Kelly man; saw him 20
into the bunk room, and went far the door my
self Hogan keeps policy Office do not know nor
the police department to lock up Alserman Kelly
his visit to the station house, have often said that
the Alderman ought to be locked up remain up to
three O'Clock In tho morning, whenever feel disposed
so to do
COUP ROCKWELL being sworn says am a police
Of the Sixth ward; day after this
renee saw Henry II Settler and he said that tbs night
previous he had a nice time with Alderman Kelly, at
the Arbor in Broadwsy; that they had drank six or
eight bottles Ct cham psgue and that another gentle
man came in and called for basket OF cha npagne,
and that he was obliged to lave, or ho would not be
nh IN At hrrpa In h. had
he was, (resnng intoxicatea; be said they were all
full Of champagne
said the Alderman intoxicated several were pre-
sent at the time; there Yankee Sullivan, Dan
circumstance without being asked don't know If he
Was Joking or not at that time he said he felt pretty
bad; have had no conversation with Settler since
JAMES ROONEY being sworn, says-l reside at No l20
Anthony street; am, by trade tinmsn; / saw John
Hines at Mr. Lees porter house the night in ques
tion, between II and o'clock MIR. Hines was at this
place near an hour; thought the Alderman was,
that occasion in Lees store, very much under the in
fuence OF liquor.
Cross.s1amined BY Alderman KxLLr-I was sober
when went into Lees porter house; there quar-
rel in Lees after left; drank every time the Alder
Qaughter) possibly, 1t WAS six times drank
JonN MclST,RE-Cross examined by Captain Mag
i have been in the habit Of seeing Alderman Kel
ly almost monthly for tue last ID or IA years, ex-
cept the time was absent from the city; decline TO
answer that Alderman Kelly went my bail pevisus to
my leaving the city; decline to whsther
Alderman Kelly drunk in n porter house in Walker
street, when he was robbed on the Sd of December
1si7.
JoBr LEE being sworn, says:-I reside and keep
porter house at No. 81 Centre street. heard por-
tion of the testimony of James Rooney and should
say that MIR. Hines was not in my house at any one
time, over ten minutes not until after the alderman
lett and then he came in possibly for twenty minutes
en- the night In question saw Alderman Kelly drink
two or three times at bar don't keep count Of all
the drinks tbs bottle is put down and they hslp hem
came to my house; there disturbance by fsllow
called Sullivan, who Was drunk and struck the alder
Crcss.ernmines by Captain MAcxEs-some persons
sail my brandy now the Kelly brandy, Qsushter0 Mr.
Comp and MIR. Casssry have called into my place and
sshed for some Of tho ssme brandy that made the al
dermsn drunk. (Renewed lsughter)
GEoEoE SBEhhGAa being sworn says:-I reside In
the Fourth avenue; am also pat proprietor Of the
"Arbor,n No $50 broadway; recoliect seeing Alder
man Kelly on the night OF the llth instant, In my
place, about IL o'clock did not see the alderman cali
or pay for any champagne on that night: should say
Alderman Kelly was sober when he left my place; 1
did not see any difference in the conduct Of the al
d.Iman then, than on any other occasion.
Cress trsmined BY Captain MAGNrs AT the time the
alderman there, had . great rush from tho
theatre; probably hundred persons a. . time saw
the alderman drink once. person during that busy
time might have drank at end Of the bar six tim
without my notice; there was no champagne opened
Tor Alderman Kelly by me; there va some Champagne
drank in the back
The ALprRmAS here stated tina. the case wa, closed;
but bis counsel wished TO look the testimony in
order to ascertain whether would be necessary
dress the Court the subject; and therefore he wish
The msssprsss reUsd ,ba, a. ns 20 70 . So
be would therefore allow sufficient time for both par
ties to make up their minds that subsctsi,hsr for
their counsel TO address the Court TO submit the
case without augment as IL nov stands
Brooklyn City Intelligence.
Cirr tousr, Oct % i Before Judge Ureen~ood, and
Aldermen Wardw,l and Burbank
SIDING ItqlIor utfhogi Lie,ase- Peter Is Ayoy,
placed AZ the bar indictment for selliug liquor
without license. The facts fully proved. lila
Honor In bis charge TO tn. jury commented rather
verey upon the vsclstDg course pursued By the city
authorities In the matter OF licensing tsverns Either
ssid the learned Judge. "the Common Council should
repeal the resolution they have adopted else prose-
cute all Who violate the excise law" The jury found
the ieft ndsnt guilty.
.apofhsr Of hs SAME kinda woman named Margaret
Keenan, Was then put upon her trial simsrin1ct-
msnt His Honor charged that the woman, being
married woman not accountable for tho selling "
liquor the premises Of her husband The jury
dered verdict OF not guilty, without leaving their
seats.
Nb,ane,-wm Petbl1ddo was then put upon hls
trial indictment tor q nuisance In having OBJ.
structed Of the public high~ In Gowanus The
large quantities ofstons had been permitted TO Tie upon
the bigh~sy. The jury rendered verdict finding the
defendant guilty. The court was tAen adjourned
Oct % -Kre's Ceusrr CosRr oYsR .rp TEs-
MINER Before Judge Morse and full beneh Bur.
siary1he jury, In the OF Charles Upsam, whose
trial for burglary vas concluded yesterday returned
Iusoy-J James r. Lsvery then pl.ced at the
session the LIST day OF september last falsely aud
feobiousy certain false forged aud counterfeit
gotisbo note aud evidence Of debt, parporting TO
Company, knowing the same to be false forged, and
couhterfsited The note IL drawn 90 the order OF Pat
rick Holly, aFsguees. for thousand e.ght hun.
dred and fortyssvsn dollars payable three days after
demand and purporting to bs signed by Arson Blake,
President aud - Farrell, Secretary, with intention
60 utter the rusvih intent 90 injure and de-
fraud &C. The indictment goes stss further that
the came person in company With one NcDsvtt did
the 9Th day Of September falsely utter aud publish
true the note enoned above, with intent 20 dsfaud
Itssc Opie. q real estate owner Of this city prom
the evidence sdducsd by the witnesses the prosecu
n
aud employ ed By McDsvitt as his attorney In pur
chasing houe and lot belonging TO Opie, for which
they agreed 70 pay laid Ops 81 600 In cash and the
remainder, s4oo on promi.sory note Subsequently,
however. upon the contamination Of the bargain La
very offered Opie the forged note on tho Duchess
county Insurance Company, purporting to be signed
by Arson Blake % PRECEDENT and which. they said.
wa good ss gold They had previously been Earnsd
that the note false and that the moment they ut
tered IT, they would be arrested Ops at fret objected
the but they had the deed FOR the prop
erty In their possession having obtained it by some
means or other he finally pted a. The case was
called yesterday afternoon and not concluded
upon the arrival of the hour Of adjournment.