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

Third Dogtx1et Court,
Before Justice Meech.
SELLING LIQUOR IN THE sINTa WARD WITHOUT Ii
cEksR-si1Rrr DEALLEs BxwARx OF YOUR Gus
july 3l.-1hs Mayor rs. I'm. Masor.-rhe de-
PENDANT In this case was CHARGED with selling liquor
without h'ense. TO 10 drunk on his premises, 46S
hudec0 street on the 9Th. TIL 18th aud 9th Of June,
and for thirty days previous Mr. B. Haskins p.
Penred Tor The corporation, and Mr. A. d. Russell
for the defendant Blk Jurors bang sworn, several
o1)ec uons to The proceedings were entered by Me-.
kuss.l y. ne hrst o. which That The Conmis-
sioner o. Jurors had no power to summon jurors for
District Court; and the next, that Justice had no
power TO empannel jury for the trial Of these
causes and also, that the case should be heard be-
Iore Twelve jurors instead of ak. Nr. Russell then
moved 70 ftrke out the words for thirty days pre-
yious" IS for each offence specific penalty could
De enforced; and all the defendaEt Is had to answer
pere was the allegation Of selling on the 6tn, 7th
s.n and ah Of June. This was overruled, and an
Mr. Ha-kins Corporation Attorney challenged
one a the Jurors (Mr. Munday,) who was excused
nom arviDe he being resident Of the Twentieth
war, and hey nd the jurisdiction Of this Court.
Anotner juror was then sworn In his stead.
The answer Of the defendant denies that he sold
or retaitd liquors In the manner and at the times
specified in the complaint, and states that he keeps
public ordinary and eating house in Hudson street.
which has been licensed for several years; that from
May; 1864, 70 May. 1855, there are no persons .aa
thorized BY law to granttsven ex ise licenses for
the Ninth ward. the Alderman aud Councitmeu
Of that ward having refused to discharge the du-
ties OF Excise Commissioners, and dissolved their
board with the announcement that they would
erent no licenses to retail strong or spiritxous
liquors; the defendant made application TO the
Mayor, the Alderman Of the Ninth ward and the
refused to grant
A witness named Mathe ws dcposed that he col.
iects bills for Mr.. Bush; the defendan. (Masoo)
ktelsa porter house; saw his clerks behind the
ME call vxvrM <Jn Ck ysv~
Of June; saw brandy drank; tasted il to know
whether It was brandy, and paid for 1t; the ar.t
DAY witness had another man with him, aud had
two crinss Of brandy, which he paid sixpence
one glass and paid for IT. the third he paid for one
glass, and the fourth day he paid for two glass. q
and saw two other men pay for two more out os the
same decsnter; there were decanters on and be.
at Mr. Mascus he saw other PERSONS there drink and
pay for 1t, but be could not tell what they drank
On crosse Examination, Mathews said he was born
LELAND; has been in this city eighteen years; left
for him; was not charged with any crime there that
caused him to leave; first went into dry goods
store in Grand street. 1t then kept by Mr. Barker
and Afterwards By Mr.. Saunders.
z. What was tho cause Of your leaving them
A. For pawning goods; they were the goods Of Mr..
Barker, and were given me by another young man
to pawn; Mr.. Barker took me to the Tombs aud left
me there; pleaded guilty to charge Of petit lar
"a
months; worked the whole time ont; it vas MI. j.
w. Bush, who keeps a coal-yard, that directed me
to 90 to Mr. Mason's hou.e 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 90 on
the Nh, but don't recollect whether he gave me
the money 20 Pay for it on that day or not; don't
know who the man is who drank with me the 6rst
drink; went next day by Mr.. Bus1s directions; do
not belong to any temperance society; Mr.. Bash Is
not to pay me any thing for informing more than
The regular pay which ! receive from him for col
lectipg his bills; never saw Mr.. Mason before the
9th of June; saw the name 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 per#op
dates on which lgot the liquor as was afraid to
depend upon my memory; don't know whether
MI. Mason keeps tavern and takes bo0rders; no
one has promised me money for gong around and
FDkhugh Smith, Q lad eiRhteen years Of age, de-
pc sed--That he bought slinlng's worth Of brandy
In Mr. Masons 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 hc went rom one Sun
day, with person named Carson, to got drinks aud
did lot taste any Of the liquor on that occasion;
am a member Of the Young Mems Ninth Ward Ten.
peIauce 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 the liquor; know it by the smell;
never tasted the first drop Of liquor yet can tell it
by the smell.
To Mr.. Haskins.-I know LIQUOR By the smell;
asked for brandy and the clerk gave it me.
Mr.. Russell moved for dismissal Of the com.
plant, as the prosecution had not proved that tue
defendant bad no license
Mr.. Haskins commended that the defendant was
bound to produce his license If he had one aad re-
ferred to the case Of Potter against Dion.
Tho Court denied the motion to dismiss tho CON-
plant, and decided that the defendant was bound to
show that he had q license. To this ruling Mr.. Rus
cell excepted.
Mr.. Russell then submitted that the Alderman and
CouncImen having refused to sit as board to grant
licences, the defendant, who had license up to
Nay, 1854, was not amenable to this charge. He
intended TO produce Witnesses to provo all the ale
cations get forth in the DEFENDANTS answer to the
complaint. and then read and commented on the
Gil cular published by the Alderman and Councilmen
of the Ninth ward setting forth their reasons for
the course they had adopted.
Mr.. Haskins protested against the counsel on the
other side going into matters which this court and
jury bad 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
nesses to be consumed in going into irrelevant mat
ter-su ii 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
he would show that these gentlemen as a Board Of
Excise rendered themselves liable to an 10 iictmcnt
for refusing to cit and hear application for licenses
they were just amanable for refusing 70 grant Ii
cepses as they were for granting too many.
TIE court ruled that the defendant might pro.
coed with his witnesses; when the testimony was
offered be would decide upon its relevancy.
Alderman voorhis Of tue Ninth ward was rallcd
by the defence, and dcposed that the Board Of FIX
else Commissioners Of the Ninth ward, of which he
is 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 license?
Mr.. Haskius submitted that thc proper way 70
prove this was TO produce the minutes Of tlc Board
COLLECTION overruled.)
Witt ess continucd-Mr Mason was there before
the Bosrd and made application for license; we did
not grant licenses to any IN the Ninth ward; We
adjourned our Board after sitting two days, and did
LOB grant any licenses. Circular produced)
Mr.. Hsskiss ob cted TO it, being put n evidence
and ccntepded that the whole answer Of the dcfon.
Hov.fv svra1