The New York herald., 1874-11-24
THE EXCISE LAVA CONVICTION

Sigismund Schwab was placed on trial In the
Oyer and Terminer Court, before Judge Barrett
yesterday morning, on an Indictment charging him
with sell ng one pint Of Rhine wine TO one Thomas
j. Wendover, and with selling liquor to divers other
citizens while ne had no license. Messrs. A. 0.
Hail and John McKeon are counsel for the accused.
This case is test one, number OF liquor dealers
refusing to take licenses from the Excise Board,
and the questions involved are altogether OF q
legal character.
The principal witness was Thomas ]. wendover,
the Excise Inspector and he was crosse examined
at great length to his ability to judge whether
1t was RhiI wine, German cider or other liquors
which he b. ught from the accused Alter which
the Court took recess
The defence then raised two objections-nrst,
that the witness should show that the Board had
fulfilled the law by keeping book OF minutes, and
second. that as condition precedent to the pro-
secution, 1t should be proved that they had iul-
filed the other instruction Of the statute. The
Court overrued the objections, holding tnat the
fore them to fix any license ranging from $50 10
$3.50. Counsel also pointed out the dangerous
in this style e-"Did you vote for our party this
timer" "No." "lhen your fee Is $780, And to
another :-"Did you vote tor our partyf" "Yes.n
.sThen your Tee Is $780,"
The defendant then took the stand and swore he
knew Wendover and was prepared for him, and
In reply to Judge Barrett, the witness admitted
that he did not Duy that stuff as cider but as hard
wine. u
MIR. McKeon then summed up for the defence.
He quoted from one or The Judges OF the Superior
Court that Saws are unwse which do not rest on
the general sense Of the community The law
under which man for selling glass of wine was
on the way to the Pententiary to heru with
thieves was repugnant 10 this community, and
the Jury would stand between the defendant and
those Ike him, industrious men with immense
capital sunk In business, and that oppressive law.
In England they passed q law making forgery
hanging matter-the result was that jurors would
never convict. In tnIs case the jury would refuse
TO send this man to the Penitentlary, and
would tell the prosecutors to bring q suit
for penalty or take some other remedy. In the
course OF his address Mr.. McKeon electrified
with unpleasant feeling crowd OF liquor deal
ers BY telling them how tney had been hnmbugged
BY the politicians last election into voting Ior
Judge Miller and sending him TO the Court Of Ap..
peais by 1000 majority, although he had declared
his opinion that ut was time to send some Of those
bodies and morals OF the community, to
the Penltentary.n 'I said nothing" added
counsel, slor II l did they would say was
what always was, the common disturber OF the
democratic party.n Mr.. McKeon denounced the
iniormer, and concluded by calling on the jury 70
encourage the cause of temperance by encourag-
ing the sale OF light and unintoxtcattng wines.
Mr. Rollins replied for the people, denounclng
the banding together OF liquor dealers to refuse
paying the fees as o fraud on she taxpayers.
The jury found the accused gully. motion
was then made In arrest OF judgment, argument
on which was set down for tomorrow.