The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-22
The Prohlblt0ry Liquor Law.
tbs CASE OF MEssRs COLEMAN AND sTErsoS, OF
FHE AST0R HOUSE.

FHB Aston HOUSE.
Before the Court Of Special sessions-Recorder Smith,
The of Messrs Coleman Stetson, proprietors OF
the Astor House. who have been charged on the COM
plant of Mr. c. J. Warren, Secretary Of the
Alliance, with violation Of the Prohibitory Liquor law
recently passed by the Legislature Of this State up
yesterday in the Court Of Special Sessions before Re-
corder Smith. The charge based the affidavit Of
Robert J. Gwen, who the only witness examined
The counsel for Messrs Coleman Steson Messrs
Miller and Davis and for the Temperance Alliance Mr.. Ca
prom. There large attendance and considerable
interest manifested in the case.
Robert J. Cowen, being sworn, testified foliows:-I
twenty-five years of age reside at 249 Fast Four
ness, with J. p Fountain; know the Aston House;
in July last ] was in the barroom of the Aston
House; the barroom is the street floor; it is in
Broadway opposite the lower end of the Park called
for a glass Of brandy in the barroom; several
other persons present at the me the brandy was
in black bottles the barkeeper put down the bottle and
glass before me- turned il out, drank and paid for it,
poured out something less than gill it was colored
paid n Ing for !, e ans
no conversation with the bartender than
have stated; the liquor was brandy; the bottle
about half full; it black bottle.
Cross examined by Mr.. Mller-I have been clerk for
the last Ave years. have been in two different stores
was at rIazsr 2ss Broadway for three years. lett
where have been since am not in the habit OF
drinking intoxicating liquors. drink them when want
them drank the Aston House because they have the
reputation of selling good liquors.
Mr.. Mller-Had you any arrangement with any person
70 ht s oPsc uo su
tanned by the Court the Recorder ruling folows:-
Wherever law exists there no eoubt that when cit
make complaint of the individual who violates IT; but
there is great difference, said his Honor between an
forcem of the law and he who does 1t from selfish
pecunary considerations The latter has always been
looked upon with great suspicion It may be- he con.
tnued that in this he has done il from motives that
would influence any good citizen; and II so so far from
IL act being disrepabe 1t would be commendabe Now,
the motives OF the witness must always be taken into
consideration for although they might appear very slight
in themselves they would make very great difference in
the testimony. is right that counsel have to ascer
tain the motive OF any witness who upon the stand
the circumstances which call him there-whether he
subpGnaed came voluntarily whether from reward
any other motive In the his testimony might
be very seriously impaired but in the other il would in
my mind, very much elevate II.
Mr.. Capron objected to the ruling, and the testimony
resumed, follows
Mr.. Miler-with whom did you make that arrange
ments
buy brandy liquor OF any sort In particular; went
there TO get drink and did not know what kind OF
liquor should get.
any other person. A. went down there simply to get
drink.
@ Who knew you were going there for that purposes
A. Mr.. Williams knew.
Q. who elses A. Mr.. c. J. Warren
Q. Who elses A. Mr.. Fountain my employer.
O. Was there not an arrangement that you should get
drink and then complain Of the parties from whom you
got it, A. There arrangement made at that time
| went there and got drink, and Mr. Warren asked
If would make an affidavit, when said would
O. lid anybody furnish you with the money 10 pay for
f A. No, sir took it out of my pocket and paid my
Q. Has it been returned to yous A. No. sir, money
has been returned to me.
q. Has like amount Of money-not that same money
rerhapss A. No, sir, none at oil it was known that
was going to take drink.
Q. How did they knowits A. Oh they knew it because
| was talking about il in the store.
Q. Was not the intention aud understanding that it
for the purpose of afterwards making an affidavit
Objected to by opposing counsel but ruled as admiss
Recorder-The simple question is whether you were
going there to drink and give evidence to test the law
Did they send there for the purpose simply OF getting
something to drink
Objected to again.
Recorder insist upon having the question answered
Was it the understanding when you went there that you
were there for other purpose than simply to get
drink
wness-I think there was an object and that object
that should get the liquor for the purpose of testing
the law.
Mr. Millcr-what day of the month was it that you
got this liquor
A. The 7ih Of July.
q. When did you report to these gentlemen, either
of them, that you got this lquort A. can't remem-
ber
q. The same day. A. think II was
q. To whom did you make the report A. didn {
make any report; told somebody, but don't know who
z. lid Mr. Fountain ask you
Objected TO.
q. This, you say, good brandy A. think it was
pretty fair
O. 10 you know where the best brandies are made? A.
They made in France, believe.
This question also objected to- upon the special
ground that ii not proved beforehand that the wit
was competent to answer H.
The Recorier-The defendant himself is not bound to
prove thing m the violation Of the statute Is proved
Mr.. Capron-lid ] understand you TO say that there
under .aning between you and anybody else that
you should be witness
Witness-l went to the Aston House to get a drink,
and there nothing said to about being witness
Mir. CaProD-Who requested you to gos A. Mr.. Foun-
tain. He asked If | would go down and said |
would.
o. lie didn't state the purpose, object of it, A.
No, sir.
Recotder-Any more testimony Mr.. Capronf A. No
sir cali another witness, who was with him and
drank at the time but don't think ii is necessary
Recorder do not consider this witness an i'm
reached and shall therefore take his testimony
true that it will not form point your bill OK
ceptons may well dispose Of this now, unless
the counsel want to argue it,
Mr. Capron--we would like to argue Il, but there has
b., one before your honor already
Mr.. Miei-We have objections If the Court will
allow II, TO present argument in writing, and will
furnish the counsel the other side with copy in
about week, that he may have time to prepare his
Both will then be ready for your honor's consider
alton in n fortnight, at the utmost
This proposition agreed 10, and the adj
jouined.