The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-01

Third Dastxlct Court.
Before Justice Meech.
SELLING LIQUOR IN THE Nura WARD WITHOUT III.
CESsR-srJRiT DEAllEs BEwARx or YOUR Gus
july 3l.-7ns Mayor %. I'm. Masc,s.-rhe de-
fepdant IN this case was charged with selling liquor
without u ense, TO no drunk his pre- misses, 463
hndson street on the 9Th, 7th 9Th aud 9th Of June,
Peared FOR the corporation, and Mr.. A. D. Russell
for the defendant. Blk iurcrs being sworn several
oS!ec Hons 70 TIE proceedings were entered by Mr..
EusstA the hrss Of which was-That the Commits
s0ner o. Jurors had no power to summon jurors for
District Court; and the next tina. Justice had no
| power to empannel jury for the trial Of these
causes and also. that the case should BE- heard be-
tore twelve jurors instead of six Nr. Russell then
moved to ~ rke out the words for thirty days pre-
vious. - for each offence specific penalty could
DC enforced; and all the defends1 Is lad to answer
pe'e was the allegation OF selling the Gin, It'll,
ON snd Na o. June. This was overruled, and an
Mr.. Harkins Corporation Attorney challenged
one Of the jurors (Mr. Munday,) who was excused
nom srvinR he being resident Of the Twentieth
Another juror was then sworn In his stead
The answer Of the defendant denies that ae sold
or retails liquors In the manner and at the times
apubic ordinary and eating house in Hudson street
which has been hcenaed for several years: TINT from
May. 1864, TO May. 1865, there are no persons aa.
thorized 6y Law TO or ex ise licenses for
Of that ward having refused TO discharge the do.
ties OF Excise Commissioners, and dissolved their
board with the announcement that they would
Eisn. no ncenses 70 retail strong or spiituous
liquors; the defendant made application to tue
Mayor: the Alderman Of the Ninth ward and the
Coun linen OF the district, FOR license, which the,
refused 10 grant. -
witness named Mathe US deposed that no col
lects bills for Mr.. Bush; the defendan. (Masoa)
Nels porter house; saw his clerks behind the
counter selling liquor on the 9Th, 18th, 9th and 9th
OF june saw brandy drank; tasted il to know
day witness had another man With him, aud had
two crinss Of brandy which he paid sixoeuce
glass for; the second day he went in alone, to TX
one glass and paid for It; the third he paid for
and saw two other men pay for two more out OF the
same decsnter; there were decanters on and be.
hI the counter; on each occasion that witness was
pay for it, but be could not tell what they drank
On crosse Examination, Mathews said he was born
In LELAND; has been in this city eighteen years. left
the old country because his brother and sister sea
caused him to leave first went into dry goods
store in Grand street, 1t was then kept by Mr. Barker
and Afterwards b, Mr.. Saunders.
Sso Ssas Ct yDar leaving then
Barker, and were given me by another young man
to pawn; Mr.. Barker took me to the Tombs and left
me there; pleaded guilty 70 charge Of petit lar
months; worked the whole time ont; it vas Mr.
W. Bush, who keeps cosl-yard, that directed me
to 90 to Mr. Masons house on the 9th Of June; Mr..
Bush furnished me with the money to pay for the
hquor; when got the liquor on the 9th OF june,
reported to Mr.. Bush, and be dire ted me to 20 on
the nh, but don't recollect whether he gave mo
the money 20 Fay for It on that doy or not; don't
know who the man is who drank With me the drst
day; he was standing at the bar and asked him to
drink; went next day by Mr.. Bush directions do
not belong to any temperance society; Mr.. Bash Is
not to pay me any thing for informing more than
lectips his bills; never saw M Mason before the
9th Of June; saw the naIne of Mason up In the
store; saw the defendant in the store behind the
bar; he was pointed out to me by gentleman who
was there, but won't swear he is the same person
whose name Is up In the store; entered down tue
dates on which got the liquor, as / was afraid to
depend upon my memory; ] don't know whether
MT. Mason keeps tavern and takes boarders; no
intyimirg against persons for. selling liquor.
F1ehugh Smith, Q lad eiElfcen years of age, de-
Fsed-That he bought slflng's worth Of brandy
In Mr.. Mssons saloon on the 9Th Of June; Mr. Mason
was not there then, but has seen him there fire.
quently.
On cross examination, the witness said he was
eighteen years of age; that he went rom one Sun
day with person named Carson, to got drinks, aud
that Mr.. Bush gave him the money for thas purpose
did lot taste any Of the liquor on that occasion;
am member Of the Young Mems Ninth Ward Ten
perauce Society; some OF tho young men volunteer
TO 60 round and visit these rum holes, to inform
them; volunteered on that occasion; am not to
be paid anything for my services on that occasio
did not taste tho liquor; know it By the smell:
tasted the first drop OF liquor, yet can tell it
by the smell.
To MI. Haskins.-I know liquor by the smell;
asked for brandy, and the c.crk gave il me.
Mir. Russell moved for dismissal Of the com.
plant, az tho prosecution had not proved that tue
defendant had no license
Mr.. Haskins contcnded that the defendant was
bound to produce his license, IL he had one; AID
ferred to the case Of Potter against Dion.
Tho Court denied tho motion to dismiss tho CON-
plant and decided that the defendant was bound to
show that he had license. To this ruling Mr.. Rus
Mr.. Russell then submitted that the Alderman and
COuncilmen having refused to sit board to grant
licences, the defendant, who had a license up to
May, 1854, was not amenable to this charge. He
intended 10 produce witnesses to provo all the ale
cations set forth in the DEFENDANTS answer to the
complaint. and then read and commented on the
Gil cuIar published by the Alderman and Councimen
OF the Ninth ward, setting forth their raa for
tie course they had adopted.
Mr.. Haakins protested against the counsel on the
other side going into matters which this court and
jury had nothing to do with in the present issue,
The only thing they had TO try was whether Mr.Wm.
Mason Of the Ninth ward sold liquor without IL
cense, and he (Mr. H. therefore hoped the court
would not permit the time Of the jury and the wit
ter-su h as discussing the Temperance circular ad.
dressed by the Alderman Of the Ninth ward and the
Councilmen Of the districts.
Mr.. Russell replied, and said that ia summing up
NC WUuIu bHOW tndL Iue5c geHticIiIcu as q DvdrQ "
Excise rendered themselves liable to On 10 ictment
for refusing to cit and hear application for licenses
they were Just ss amensble for refusing grant Ii
censcs as they were for granting too many.
Ire court ruled that the defendant might pro-
coed with his witnesses; when the testimony was
offered he would decide upon its relevancy.
Alderman V0orhia Of tue Ninth ward was called
by the defence, and dcposed that the Board Of FIX
Else Commissioners Of the Ninth word, OF which he
il member were called together about the 9th Of
May; the Mayor was in the Office At the timc.
Q. Did Mr.. Mason apply to you for q liccnsc2
prove this was to produce the Minutes Of tao Board.
(Obection overruled.)
Witt ess continued-Mr. Macon was there before
the Board and made application for license; we did
not grant licenses to any one IN the Ninth ward; wc
adjourned Board after sitting two days, and did
nos grant any licenses. Circular produced)
Mr. Hsskibs obj cited to It.. being put in as evidence
crAc thnu