The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-09
THE BOARD OF EXCISE.

An Important Question Raiscd-Can n Man
Accused Of Violation Of the Excise Law,
Who Has Been Acquitted by a Jury. BE
Tried by she B0arde
The Board OF Excise held their regular weekly trial
meeting yesterday afternoon OF the Commissioners
In the absence Of the President, in the chair There
not large attendance Of liquor dealers the
court room during the proceedings there has boon
NJ all the previous meetings OF the Board owing
probably to the fact that the number OF the
calendar twenty .fourl was not large enough TO
guarantee prolonged session OF the Commission and
a consequence thcee a lively afternoon in the
matter or iocosc and highly original wtticisms
manufactured order by honorable Commissioners
aud the counsel for the complainants
John McCarslnc, OF Edgewater s. L. was charged with
not having place efectualy closed Sunday sep.
tember and other illegal times The license not
revoked
Louis Gasteyer. 462 Sixth avenue was charged with
having sold liquor ON Sunday, September - The
license revoked.
rederck Rashe was complained Of for not having his
place eectuay closed and for having disposed OF beer
on sunday, the I'D Of September. The license was re-
voked.
Francis Lanzer. New Lofts, I. l., was charged with
having his place closed Sunday, the 22d OF Sep
tember The counsel for defendant commended that the
simple fact that client lad boon OF
competent jurisdiction aud that he had been found 10y
Jury mot guilty. OF a violation the OF IT,
self sufficient TO induce the Board TO refuse TO revoke
the license Of the accused
In certain localities OF the Metropolitan district IL would
DO than farce TO try TO obtain conviction bv
Jury Of man accused OF having violated the Excise
Mr. SPENCER the counsel for the defendant denounced
in scathng the eatlcd doctrine that public
sentiment bad become rotten and corrupt, and
spect for weak that trial by jury could not he
depended upon lie said tha, when sucn doctrine
sunld ind hold tue puoilc mind the government
under which &c live would not be worth living Tor.
Judge BoswoRrH said that u was well settled that
rnau indicted and tried for and acquitted Of offence
agans the Excise in the special sessions coudn
tried for offence in either the Courts OF General
Sessions or over and Termnc (which have Jurisdiction
10 Excise The question seemed TO DO whether
not the Board Of Excise vas 70 be considered a.
the people in the brought before IT, II IN his
opinion who, complaint Of the people had been
indicted and tried for and acquitted OF offence against
the Excse could not be tried by the Board. The
provisions OF the EXCISE law made the conviction OF
iaucr.dealer before OF competent jurisdiction
sufficient for the Board to revoke his licensc
The attorney moved . posponemsnt Of the case ior
two weeks until the counsel OF the Board would be able
give his opinion on the question under dispute Inc
motion prevailed
Louis Zepfis Of E,drdse street. was charged with
having sold beer on Sunday, I'D Of september The
evidence against the defendant not being OF very
conclusive character the hesnac was not revoked
Michael Is. Lynch, OF Broome street. was charged
with similar offence on the came day. The license
was not revoked
vas accused Of having had his place mot efectualy
closed, on sunday, 22d september. The license was
Tbomas Kelly, 200 avenue y. was complained Of by
MRS Mary Koran, Of EOS avenue b, for having sold
LIQUOR her husband after she warned him not TO do
sbe stated that sho very 70 prosecute
n case and Il elected from her that tbs accused
had nmsied that II she would not withdraw the charge
Thai the womans husband had for six or seven weeks
been 90 given TO drink that hc unable 70 work.
sI,housb when sober, be could command . brick
| iaver A. much as Is . day for his labor.
The license Of Christian Kruse, Broadway between
Eighty third and Eighty fourth street. was revoked he
having had bis place Intellectually closed on sunday,
The 2pth OF September.
John Miller. Of New Ioss J. 1, was CHARGED With
chsy,.s wslssrs, 90 Ridge street. was charged with
hsvinc on sunday the 20th OF September disposed OF
| iiouor. No defence was made and the license Wa
| revoked. - - II
cused OF selling lager Sunday, September 10 Ths
license was not revoked.