New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-11-26
A TRIUMPH FOR THE EXCISE BOARD.

A TRIUMPH FOR THE EXCISE BOARD.
AN UNLICENSED LIQUOR DEALER SENT TO PRISON
FOR THIRTY DAYS.
The expected motion in arrest of judgment
In the case Of sinsmund schwab, 9 member Of the
Liquor Dealers Association, who refused tOYtake ont
the license at the present Of fees and who was con-
scquenty convicted few days ago through the Efforts
OF the Excise Board, mad, before Judge Barrett
yesterday, IN the Court OF Oyer and Termine the argu
ment for the motion being made BY John
McKeon while Mr.. Rollins represented tho Dis
trictAttOrney. Mr. McKeon, with o preliminary
compliment TO Mr.. Rollins as really one OF
the most industrious men he had ever known,
proceeded to show wherein the indictment was fatally
defective. He argued that 1t not enough to say In
the indictment that the ofense committed In the
Ninth Ward. The ward was described in common law
cases originally to enable the Sheriff to 90 there for mis-
Jurors who the judges and this continues In such
cases. but 10 statutary oenses as IN Schwabs CASE
was necessary to give the street and number as was ev
ident from various decisions especially that OF the Poo
pie ag Slater In the next place. the indictment was
under the act Of 1851 which repealed by sec'
ton act OF 1885, and by the act OF 1870 regulating the
sale Of intoxicating drinks In conclusion counsel re-
served the question Of cOnstitut0Day, and appealed
to Court not to amend by its action defective legs-
lation. but remit the matter to the Legislature.
Mr. Rollins In reply held that the act OF 1870 was suf
Hcently explicit to show that they Intended 10 revise
the OF 1870 and he contended that was wholly I'M
necessary to give the street aud number. Suppose
the house had no number, was the pleader to par
ueuarize by descriptions such The first house at
the left as you 90 down hill; the house with green
blinds and bald-headed man sitting on the steps.
ILaughter.]
Mr. Hall closed the argument in support Of the motion.
and then Judge Barrett Overrued the points raised
and denied the motion In arrest Mr.. Rollins accord
ingly moved for Judgment the verdict and though
delay was strongly urged in behalf OF schwab in order
that bill OF exceptions might be prepared, schwab was
ordered to stand while Judge Barrett passed the FOL
lowing sentence:
and carefully chosen OF the onse OF selling wine with
license. which s msdemesnor oy ,s" The ne.
was o the IN you made
the law. You knew the law. ana ae,pe ira
In Your case doubt whether should have inflicted
more than fine but for your own course You aggra,
waited your oe1se not only oy the Cart by wif1i
evasion and preyaricaton on the Witness stu oi n9
purpose OF impeding the administration OF justice; auu
cannot but look with dsiavor on the character Oh Tue
Testimony you gave, coming closely, To my inind 10
perjury that requires subtle mind to perceive toS
difference; stating that this was German cider, %hcii
you bought when you must have known IN your neart
that wine Soa , had legai 20 pFesent
them but you organized resistance TO the law. rYr
these reasons cannot feel justified IN awarding merely
a nominal punishment, and at the same time ona NOT
send you 20 the Penitentiary-a punishment whlcn
would he degrading. On the whole, u Will be just ana
fair and epien to sentence you to 80 GAYS I'D Tue oy
Prison and the sentence OF the Court ia that you be con-
fined in the City Prison for period OF 80 days ana pay
fine Of $780, and stand committed until II Dc PAID.
WIN. c. York. another liquor dealer under Indictment
like schwab for selling liquor without Iioeuse was
brought into the Court OF Oyer and Termner yesterday
and pleaded not guilty A great pressure was brought
to bear upon for delay In his case OF Anew
days. but Judge Barrett promptly refused and said that
the prisoner and his counsel must be ready on Monday
The German Saloon Keepers Central Organization
held meeting yesterday at the derman'a ASsono''
Rooms The members all appeared early and we're
scattered over The hall IN small groups engaged III
earnest conversation. Many OF them had been present
at the court TO the sentence upon Scnwab oos
OF anxiety visible their faces, ana "hen asked
what course they intended TO pursue they gave curt
answers The Chairman called the meeting 10 order,
after which motion passed TO take recess Vi 10
minutes and then resume their meeting IN secret