The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-16

ErsaI q ths Brseklyn Hxease Comuisuaensrs
Tor Mlsdsmeanor. :.
KINGS COUNTY ooUxr or 0xuR AND FzRMnHE.
Before Judges Rockwell and Moore and Justices etlwen
I and ssxyker. .>-.
Jum 1.-THE Commissioners Of Excise Of the city OF
Brooklyn, the majority Of whom stand indicted for
granting licences TO improper persons, were arrgnsd
this morning for trial the charge Of misdsmeanor
Their names are
John Caunagh, william h TAndy,
George l. shaw, Michael EagAn,
Isaac CfamptOn, 0arret Van Mator
John p. Mead. Henry Finneean.
Tbs indictment charges tho defendants with misds-
in having granted tavern license to ono VII
liam Gubbns on the 18th Of June, 1863 said Gubbins
not being provided with the necessary accommodations
Is required by the statute. The house is situated on
the corner Of Columbia and Amity Streets South Brook
yn 1t about ton feet front BY twenty-five feet deep,
and story and an attic In height with two rooms on
the ground floor The front apartment is occupied
barroom, and the rear a. family sitting
N. r. Waring, w. H Gale, and s. Sanxay, Esqrs, APP
peared for the defendants and R. c. Underhill Esq,
District Attorney conducted the case for the prose-
The District Attorney proposed to try the defendants
Mr. waring for defence contended that as the maori-
ty OF the board was indicted and body the majority
only can transact business, they should be tried as
Judge Rockwell overrulsd the objection and Mr. John
Cavanagh was placed upon trial.
Mr. Sanxay, for Defence moved TO quash the indtct-
ment ground that "a board they we're
70 grant licenses, and in doing committed offence,
but acted IN accordance with the duties Of their Office
The Court held that there must be way Of Furnishing
officers for violation Of their duty and therefore de-
clined to quash the Indictment
The following jury then empanneled -
A. T. Marshall. 1900. Inspector Insurance Co.
Abraham 4nn schenck. No business
john Powell. Grocer
John Wyckof. Tavern Keeper
henry Henry u Starr ........... Merchant.
Moses Van Buren,. Physician
John W. Manly. .Rectifer Of spirits.
Charles s. Spooner ..Jeweuer.
Corbelius Bergen. Farmer.
CSar,es f FRANK, n.......... manuIacturer.
: diaries O'Neil Builder.
ury forth that the defendant Cavansgh was indicted
as public officer for wully negecting his duty in not
taken.
Peter R. Hegeman sworn-Am Deputy City clerk.
Counsel for defence admitted that Cavanagh o
commissioner of excise during the year 1885,
have certified copy Of the minutes of the Board of
ues %
license granted William Gubbns; It was on July
Columbia and Amty streets in the Sixth the vote
OF the board upon granting the license was In the AFR
Champion William Tsndy, Michael Essan, Henry FIN
negan, Garrett Van Matchmaking seven, and James
Dekerre voted in the negatives this license issued to
O.. How many licenses had been granted by the COM
mssioners previous to that awarded to Gubbinss
Objected to and oyerrued by the Court
A. There hundred and fifty. four tavern IL
censes granted previous to July IL, 1863.
Q Prior to = granting Of Gubbns license Juiy 18th,
how many hs<9ses were granted in the Sixth wardl
Previous the 18th eighteen licenses were granted
and prior to the 10th of the month"; hundred
and forty two were granted for that ward
NJ
places in the city of Brooklyn situated and by whom
are they kept?
The Clerk proceeded to read the list but discontinued
at the request of juryman.
George NJ. Patchens sworn-Reside at No rs Front
premises corner of Columbia and Amity streets the
whole of last year; the house Is story with little
V nm on he
horses perhaps three Gubbns kept horse part Of the
time; they lived in the back of the house, don't
recoiect whether ever saw one or two beds; those
premises continue in the condition up the pre-
sent tme the building adjoins another building it has
Cross examina ton-Have been acquainted with Cub
bins for five six years. he has occupied these premises
for nearly two he bears as good character
in the city of BROOKLYN his house 10 kept cleanly
should be satisfied to sleep there there is railroad in
Atlantic street. and stage route; great many travel
lers pass there Is street In the city of Brooklyn
where there much travelling in Atlantic street.
IRE several public houses at the foot of
Atlantic street.
Aaron L. West sworn-Am police officer; have been
so for two years. know the premises of VIM Gubbins;
made examination OF them 7th of January last under
instructions Of the Mayor; the instructions not Ia
writing found wooden house. shed roof from east to
west the building ia about twenty-five feet in depth
and nine ten feet In width found two rooms; in
'front.' the other Immediately in the rear; in
front there was one window; one in rear the building
adoins another; communication with adjoining house;
no stables on premises; saw none; the height Of build
ing with which gives attic Of about three and
BALI feet Is thirteen and half feet; the lower story is
about feet in height Cavanaghs place two blocks
off, the Of Atlantic Columbia Streets Full
ton street Atlantic street aad Hamilton avenue, are the
principal thorougbares leading out the island there
three four public houses for the Of
travellers at the foot Of Atlantic street, Columbia street
is nothing but intermediate thoroughfare from ATTAIN
tic street to Hamilton avenues IL is not route taken by
countrymen.
Cross examinaton-A great many vessels lay at the
Atlantic dock; everything clearly in Gubbins house
when was there; stable did not go into the
attic chance of getting there; in the
Mr.. George Hall suggested to me the proprety of
lining the premises this morning, and went to satisfy
myself the first acquaintance had with Mr. Gubbins
James De Revere sworn-I was a member Of the Board
Of Excise last year, attended all but the first meeting;
think the FIRST one was in January not certain
but that it the second absent; can't tell how
many licenses granted prior to the 18th of july
the practice of the Board to take up ten appi-
cations from cash ward at every meeting; the
Board did not decide on granting any particular
number Of licenses for the city Of Brooklyn; do not
collect the application of Gubbins; voted against all
appcations had discussions relative to the granting of
licenses with the other members the board the ques-
ton OF qualification of applicants not asked except
in very few instances
Cross-examined-The applications were made to the
City Clerk and handed to the members of the Board the
reason voted against granting licenses that did not
believe the selling Of liquor necessary for the enter
tainment Of travellers.
The prosecution here rested and the Court adjourned
The Street Preaching Riots.
BROOKLYN June Is, 1854.
TO THE EDITOR OF THE NEW YORK HERALD.