New-York tribune., 1874-11-24
VALIDITY OF THE LICENSE LAW.

A LIQUOR DEALER CONVICTED OF SELLING LIQUOR
WITHOUT LICENsE-A TEST CASE.
When the Commissioners of Excise, in the
early part off this year, rearanged the prices charged
for licenses to sell liquors. many dealers refased or
omitted TO take out licenses and continued to sell liquor
without them In order establish their authority, the
Commissioners have brought test suit This was ried
yesterday in the Court of Oyer and Terminer before
Judge Barrett The defendant sgismund Schwab, doing
business at No Is Greenwich-ave took out license In
May 1873 paying $50 for it, but in May,1S74, when the
amount was raised to $780, he omitted to do So During
the trial yesterday. Commissioners Stewart and
Stper were spresent, and also a largo number
of liquor dealers aud the prisoners friends.
great deal of time spent in getting jury Every
Juror was questioned to his opinion of the Excise law
as to whether he was a member OF any temperance
society or had any prejudice against liquor dealers
The counsel for the defense raised number OF Objec
tons to the Indictment ali technical, which were over
ruled The principal witness the inspector. Thomas
j. Wendener who went TO the defendants saloon, asked
for glass of Rhine wine, drank aud paid for it, The
ss-examnatiOn chiefly an attempt to discredit
this knowledge of different wines and liquors, particu
Iarly to the difference between Rhine wine and
German cider a distinction upon which the defense
placed great weight
Commissioner James L. Stewart was next examined
He testified the Board Of Excise organized in
May last that he had book OF registry in which were
entered the names of all those who had taken out
them. He stated, upon crOssexamination, that this
book was record OF the minutes of the Board and
that at the organization, six different rates for licenses
had been adopted, depending chiefly upon the amount
OF sales Two questions were raised at this point by the
defense; first that the witness should show that the
Board had observed the requirement Of the law by
keeping book of minutes, and secondly that it should
be proved that the had been complied with in
fixing a license fee Great stress laid upon the
point that the Board had fixed six different fees, In
stead Of fee Assistant Distrct-AtOrney Rollins said
defendant had right to raise this objection.
is he had applied for license He thought 1t
was clear that the point raised the Commissioners
had discretionary rgnt The prosecution then rested.
The opening address for the defense made by A.
Oakley Hail. lie said this tue first prosecution for
% years for selling liquor without license, prose
cutting officers found those rested such tainted
testimony that jures either acquitted disagreed The
defendant only resisting the legal oppression Of the
Commissioners and the jury would not send him the
PenItentiary ON the sole evidence OF that degraded
Gus political power which ,wOuld be placed in the hands
OF the Commissioners If they were allowed to deal with
The defense the prisoner who testified that he knew
the Inspector and was prepared for his visit, selling
him German cider instead Of Rhine VINE In reply to
Judge Barrett however he admitted that the article
bought apd billed TO him as wine.
Mr.. McKeon's summing up was chiefly devoted to an
arraignment Of the Excise law TO which the
of the people objected and also as oppressive and
just He somewhat astonished the dealers present nv
stating that they had elected TO the Cour' - ,r5Ia
by $1,000 majority who had xnreS:ed pi"h Ia
the people ->'>'' Nhi A'"i'iH' i0Pi'0u i"i
Tie accused was found guilty Motion for arrest Of
judgment was made, and Is to be argued morrow II
the counsel ready II an extension of time will
be granted
At meeting Of the Executive Committee of the New
York. Liquor Dealers Protective Union tue following
resolution unanimously adopted:
Rsolyed That special meeting Of the NewYork Liquor Dealers
Society be bed oa Monday N0v 80 for the Of taking
seraOB Of The Of
TIE People agsin, Smund SchWab gy selling With
no0se Not the penalty better
b. prepared fOr the emergency the upon the
members this Union to defer all action relation law
M fer that ~