The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-12
First Suit Under the Liquor Law.
THE EXCISE COMMISSIONERS PROSECUTING TIE IL
QuOR DEALERS.
ripsf DI~rRIcf coyEr.
Before Justice Stewart.

tifSf Df~ffle1 COURT,
Before Justice Stewart
Tho Excise Commissioners have commenced prosecuting
tho liquor dealers neglected take ont
under The excise law Of 1857. The first before
Justice stewart yesterday, Commissioner Ines appear
inc on b~hslf OF the Beard The defendants
Thomas " Hughes and Fred Hughes, u the W.
o,aug Hotel, No. 323 Greenwch street,
jury was demanded BY the ac.cndants counsel, who
were rigdly examined 10 their interest 10 liquor
Business OF with Temperance societies T,c following
tie names of tho jurors chosen -
Sherman r Stone, jas n. Noe,
Ihornas stillman, John y. Gay,
Benz " Weaver, Stephen NJ oSrandcr
Commissioner Ho'mis opened the case, aud read tic
provision Of the law which alleged tic defendant
violated, follows That IN The fourteenth section
- Tie sad act ~ statute, y provided 'hat
quors or wines 10 b drunk IN his honse or
hop, any Clubhouse, yard garden appcrtain.
ing thereto, shaii snfcr permit any such liquor
vine sold hy him under his direction authority,
be drank in ms house shop any Clubhouse yard
license therefor inn tavern or hotel secpcr sh,
forfeit go for cach offence" lie hc counsel willing
10 waive the enforcement II the $50 penalty for each o.
Ia that the penalty could not b. enforced he
ycnd $3.50 though he would cnntrsd that hcy liable
FOR the fun amount since their ar. known inseton 81 the
law.
Several witnesses were examined.
Isaac g. Mott sworn-r knew thu def.ndan,s: they de-
business NJ a rccnwsc s,rcpt tn house was called Tho
Wyoming Hotel; ther, a barrnon attached he
liquor sold ucre last ~ptsnher, Tho lst aud Io,h
sants 10 called for brandy, ~h h. drank friends
w'l him aso drank liquor.
tross cxam.ncdIic Lad been boarding bat was not
there nov hc l,d raii Li= board bn ami id dacay
with tho rropretor
John Mott sworn, and testified that i,c saw Mr. Roberts
drink Bourbon wLskoy aud cherry bandy al the bar
The hotel towards The cnd ~ August last lac also
hcafdcr, and lcn because hts board raised uncx
rcccdy.
George Chen sworn, and testified that he lad seen
whiskey and brandy sold there TeIsa saiedy.
r. kemhie testified that he also had epiritu0us
liquors sold tho premises doienfants-hoth gin and
brandy, he did not Know whether these liquors we're
toxicsiing, he had never drank enoigh 10 lnd out.
Aaron Aisel, chemist, testified that he knew of rum,
brandy and gn having been sold In small quantcs. nc
knew, chemist, that these liquors Intoxicating
he was b0afder Ia the house, and hed difficulty With
.he proprietor about board hill h. had MT given any
formation 10 tho Excise Commissioners.
VI II. Fcnno. lawyer, testified that nc had bought
small package of Charles london gin; the package
about half gill, turnhieF each time h. drank; h.
not intoxicated onlya little cxharaed h. hsd difficulty
with the Iroprctors and they had sus 10 court
cagh other b. bad sso been employed ~ attorney N
suite against the HuRhes'.
Tie defendants counsel asked Tor the dismissal u the
rst, the ground that IN, plaintiff the Bnard OF
Excise Cummsfioners-weTc not corporation : Tar
there any evidence before thc court aud second
no evidence produced a. prove that the MCssrs
lughoe were any way connected with the sale " the
oucr.
The justice declined 10 dismiss the case aud an exgcp
ton was taken thereto by the counsel
After brief charge from Judge the Jury sci and
tctUrued a verdict ct ~,,0 los the plaiaun