New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-17

Capt. Maloney, Of ship hbernla was psis
BY Ofhcer Horton on a from the L; ; Court at fh
p6 cbssns Capt NJ with assault above on the e1p'pa s ~
adep CAN'T NJ mt 90 to the later city 4 Obedience M
was trsd Of Count and he acquitted ew uoah
.ince.i
KINGS COUNTY COURT OF OYER AND rERMINER
Before Judges RoeK"sL aIa MoSss and JUSTICES ."
TRIAL AND CONVICTION OF JOHN CNANMH IN
pICTnp WITH GEORGE :. SHAW, ISAAC cRAMP-
TON JOHN z. MEAD, WM H. TANDY, HENRY FIN
NFG,N MICHAEL EAGAN, AND GARRETT VAN
MATER ENCIsE COMMISSIONERS or THE CITY OF
BROOKLYN, FOR GRANTING LICENSES TO W.
PROPER PERSONS.
Second Day.
The Court assembled the usual hour yesterday morn
ing and Mr. Ssnxay OF counsel for defense made his
ouenng argument to the jury lie said that this was
proceeding os,enby for the prosecution and CONVICTION oil
certain people elected and holding the office OF EXCISE
Commissioners. They charged with violation OF
their duty in wully and corrupty doing an act they had
no right to do. This - ostensible purpose, but the
real cause lies far deeper 1t the beginning OF great
battle about be fought against bgotry and Intolerance
which inst showed itself in the expatron of the Bapi't-
in New.England TAI. spirit which Is bound either to rule
or roasthat elem, MT which nermxed itself with all our
noical parties which has caused the election of men 70
;udeal positions the exclusion OF good men because
they could not bow to this spirit ofntoerance 1t was IN
this spirit that respectable had forgotten the duty they
owe to themsolyes end families, the neglect OF their
domestic affairs having in their household members on
whom tho bouecen of reform should long since
have fallen They show their feeling by calling on the
Court to indic parties and convict them for SIMPLE error
of Judgment which am convinced Is iheir ohy ohel7c,
He ontendod thar Il Oitcnse against the law 10
grant license and held that II was merely an error OF
Judgment if any ofcnse At all had been committed IN
les corruption malice shown IN connection win
the charge made the defendant was entitled 10 an
acquttsl.
The following evidence taken for the defense:
VIM Guibins swou--Residcs at the corner of Column.
H md Aniiy., have lived four years sell liquor 'nd
'se's ss q dps i aS' JSa ON bee e licensed
Objected to and allowed by the Court ,o,,.
Have licensed for three since June Soii made an
spsOn Tor eens Lass eoS ti there f s OF rS wUdors
tins ana me beds IN the house one beds,ead
& heS on the door; rented stable from M Pstehen; have
there between place and Alsne't on
& eoSis of myself sud wife, dealt with Csvansgh
eye commenced SeeP9s ayera nay ags'e ed 1f.%en S
have no rooms ed in sc, first aoor overs fse'i small boy
laden N Sr sn O donai room to the house about %
months the middle room u over y ,ee IN n d
SELF sleep here the back room occupied as Kitchen the he1sa
,hd end Tss'erd' never seen Osysn'sn 20 my o are
o ices % beS. the ,bis l. 81 or s. yards fom house
to accommodate three had the us Of sn sable IN
pss b. once IN whe how many shops are about
nt he storm blew and put mp again. do
not entertain picnic military compsnes keep no esrssi my
/ irs..ilsr 4. VI rnder counter.
Edward IIiirker sworn-Reside corner OF smith and
know NJ o4GSRa 9SS E 9 10 the Sixth
Mr. cnrt9p Wa. ray was on SupSn's bar ro
smother behind they clean and neat saT
cot Alderman Musani think there Is s9oa des OF nay
m The Slipping eons tAS s nasd ga o'0A'H "'' ''
Gross ezamucaThe character Of the population shout ma
OF iii place there and stores all full Of tenants on he
SIDE hese grocery liquor an boot stores ''a n"'
Counsel for defense proposed to examine John Cramp
&o 9ns o. neG%pSH coap held caran
The Court stated that his appeared on the record
| IFxception taken to the ruling and noted.
lanes De Revere recslled-The Commissioner for each
Ward receives the % ,na seucsons csvsnsh h
been Commissioner for two years. :, i,
PEER r. Hogeman recalled-Q. Who generally reported
ns The an. %h Srde.d in BODY 70
ssasi9t .h .as elves and reported
NE Waring Esd. summed up the part of the de-
ense in which he contended that this action had been
brought against the defendants solely Tor the purpose Of
persecung officers Of the law who sworn to do their
duty faithfully and emphatcay, that the Jury could not
fail TO perceive that there Interior object IN bring
ing il before that Court Of high Jurisdiction The Jury
had evidence before them showing the common practice
of ref nq their licenses TO the Commits toners Oh the
respective Wards This had been complied with m me
present case and Mr.. Cayanagh had acted ~ gooa a
relying upon the report of Commissioner CHAMPION and
the affidavit of the applicant himself Had their inten-
tons been honest they would have indicted him Tor pei
jury instead Of prosecuting the Connlssoner lie "arn
The Jury how thew sbetted such insdou acts an ad-
verse verdict would deter others from undertaking the
responsibilities OF public once
r. c. Underhl Esq, Dsrct-Attorney, replied in an
syer TO the complaints made Of this being persecution
and its being hoped this time 10 ntmdate the Comnls-
about grant licenses the law he said always
did persecute the evidoer and to intimdating the
Commissioners that was one OF the objects He thought
was high time that this Court of high jurisdiction should
teach those gentlemen their duties which they bad vio
lated 80 VIGOROUSLY and shanelessy IL quite evil
dent that ubbns did not keep tavern, but GROCERY
There another point according TO the statute-t should
be absolutely necessary that tavern be licensed for the
accommodation of travellers And was this groggery ne
cesssryl There was licensed house at every corner,
seventy in Coumbiatreot alone appeared by the list
published by direction Of the Mayor for the guidance Of
The police This violation OF duty, willfuly and
| knowingly done, for there altogether, one
| hundred and forty-sx In the Sixth Ward, and four
hundred and eighiy-one in the whole City The
number of these pest houses intoerible.
The traffic in liquor by retail not recognized BY the
law anywhere. was always contrebend, and was only
licensed allowed secondary incident TO the keeping
II inn for the accommodation Of travellers.
We had heard OF numerous devices in evadng the law in
States where prohibited altogether, and this sham
pretense of keeping nothing but subterfuge
and evasion He absoved Mr.. CSvanagh from perjury,
but did him vi reckless neglect and wilfu viola
ton of duty and these charges he thought had been maze
out 10 the satisfaction of any twelve They would
apply the facts to the law as gwen them by the Court
| and return their verdict accordingly.
Judge Rockwell in his charge to the Jury alluded IN
terms Of dsspprova to the degree Of feeing whicn u'
been manifested by counsel during the course Oh inc
and remarked that such proceedings should no.
introduced into court Of justice, - haa 10
ever to do with the case. The dessndsn mich IL
indicted for violation Of law OF sns ,,oceot sc.
found guilty he must be convicted ~ -;,,fu viola
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