The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-16
The All Important COnundrum-Is Lager
Beer Intoxicating?
Interesting Argument on the
Sunday Liquor Law.
Progress in the Anti-Rapid
Transit Suits.
THE CROOKED VHlSERT INDICTMENTS

The al important question, whether lager beer 10 In
Oxicatins under the meaning Of the prohibtory stat
its and whether ~ sale Sunday is In violation Of
NE Law, has been submitted for judicial decision TO
Judge Donohuc IN Supreme Court, Chambers, and, Of
sourse the answer TO the question VIII he looked for
Nth widespread interest Some idca Of tho extent
and drift OF this interest vas shown BY the large
crowd which thronged tho court yes
erday in the hearing upon the Of habeas corpus
and certiorar granted OF erdInand Jungens
committed BY police magistrate a charge Of vioat-
Ing the Sunday law by selling lager beer, the police
making the arrest having forth his ailda-
Wit that lager beer 10 intoxicating ExJudge Freed
man appeared for tho prisoner and Assistant District
Attorney Rollins conducted the for the prosecution
Ex-Judgs Freedman in opening the case said that the
concession Of the District Attorney the second dis
charge Of Justin schwab, who was arrested upon
similar charge necessarily leads TO the third discharge
the present case inasmuch the District Attorney
admitted that IL must be afarmatively proven that
lager beer is intoxicating. Tho mere allegation that
lager beer Is Intoxicating he insisted, nothing
than conclusion In the mind OF the Witness without
any facts TO sustain II II tho burden Of proof u
the prosecution II means legal proof II the
had that the properties OF lager beer
eating 10 his own knowledge 10 would have been prima
tacs evidence; but Lothing OF the kind appears
and consequently a avsrment cannot take tho
lace Of proof The remaining question DO discussed
Ii as to whether ale and beer and layer
beer Is included In excluded from the prohibition
contained in the sunday clause. This question Is
Of Legislative interest. Selling liquor on Sunday
not an offence or crime ut common law and only
punishable nuisance. Proceeding 10 q considers
ton OF tho statutes IL is PLAIN that their intent must
nothing In the Sunday clause OF tho statute which
dcates hat the Legislature meant to place tho Of
IS that Of Intoxicating suors: bu. ''0' he
police seem to think that the sale OF lager
peer }Sst as bad As the sale q wines and
such ambiguity must be constrained In favor OF the
party who s 70 be affected by u. Tho statute as
offenders under the Sunday law lett out the words
ssagcr beer" This omission not accidental He
to cite the different statutes. and commenting
upon them at large, claimed have proved that the
omission by design, and that II the intention
of tho Legislature 10 exclude lager beor from In
day clause under consideration must be taken
component part Of tho act Of 1870 and when con-
That act and tho struggle that led to ITS passage and
construed, together with the other provision OF said
The sunday clause and their conspicuous
employment in other sections In contradisinction
showed that the Legislature did no. intend to prohibit
their SALE The prisoner, he claimed, therefore, was
entitled TO his discharge.
Mr.. Rollins made quito lengthy argument N reply
He insisted that the police magistrate upon the ada-
mt OF the ccer who arrested the prisoner In which
vas alleged that lager beer Is intoxicating could not do
otherwise than commit tho prisoner to answer tho
charge Of violating the law through the sale Of lager
Judge Donohue asked II in case Il should be proven
Mat lager beer 10 not intoxicating the ocer could be
Mr. Rollins said that he could not see why he could
not be thus Indicted and added that he certainly would
ee Il his duty 20 prosecute him in case OF such ndct
mcnt He reviewed 1t length the acts OF 1887 66 10
and ~ In regard the sale Of intoxicating drinks In
this city, and cited various authorities going show
was clear and positive violation OF the law.
After bret response by Judge Freedman the coun.
which Judge Donohue promised 10 give prompt decls
on
FIGHT AGAINST RAPID TRANSIT.
A pleasantly appreciable hearing was made in the
urther examination yesterday before Judge ssdgwick
solding Special Term Of tho Superior Court OF wit
In the injunction brought by the Sixth Ave.
Railroad against the Gilbert Elevated Railway Com
pany. Twenty-Five more witnesses examined
behalf Of the Sixth Avenue road amer which the
>lantis rested Mr. George p. Lowrcy will open tho
case this morning for the Gilbert Elevated Railway
witnesses for the defendants which will doubtless oc
supy several days The testimony taken yesterday
vas mainly repetition o. that previously given being
through being frightened by the trains on the Green
vich Street Elevated Railroad, and further
ails about the Inconvenience resulting from
lrlppings Among the witnesses James L. Robin
on, horse doctor, who explained what would be tho
fleets upon the systems Of horses employed
the sixth avenue road in elevated road was
constructed over its track In the proposed He
his opinion that the horses would be- good
or nothing. feature Of the day tho development
81 the TACT that civil engineers likely to disagree
As doctors James H. Wilson, for instance, testified
that 100 600 00O passengers could be yearly
the Gilbert Elevated Railroad that this
could be done at minimum speed OF TWENTY-FIVE miles
and the proposed upper terminus, and that all this
could be done with an engine weighing from eight TO
len tons Mr.. Theodore Weston, the contrary, gave
his OPINION that this could not be done with an
Engine weighing less than thirty tons
III the suit OF the Ninth Avenue Railroad Company
against the Greenwich Elevated Railroad Company.
being tried before Judge Van Hoesen at Special Term
,f the Court OF Common Pleas, witnesses
Eerc examined yesterday, making eighty-four wit
he same line OF testimony 10 yet being gonc
The plaintiffs show indication OF resting. 1t looks
nov. In TACT ~ though the Sixth avenue suit would
THE CROOKED wHISKEY CASES.
Assistant United States Attorney Foster was notincd
yesterday by Mr. +. +. Wood that II Is proposed test
The suniciency Of tho Grand Jury which found the
recent crooked whiskey" indictments by plea In
abatement 10 the Indictment against r. H. Suska The
points relied upon Will be the same that suggested
the challenge TO the array OF Grand Jurors which
has been Withdrawn. General Tracy VIII be associated
with Mr. Wood, probably other counsel Of tho par
indicted. making this test II Is probable
thai Foster will demur 10 tho plea ard that
argument will DO had before Judge Benedict on Tues
day next
SUMMARY OF LAW CASES.
SUITS have been begun in the United States District
Court against some thirty defendants, to bal
OF duties claimed by the government. II 10 an
aouncsd that the suits will be brought to speedy trial
writ OF hsbcas corpus Was yesterday granted by
Judge Donohue in the Of Carlos sala charged with
abiuctng little girl named Kate venot from this city
Tor immoral purposes Sala arrested IN Newark,
n }. Tho writ was made re:urnablc to-day.
Ixu frrl oUu uf xtroe lv nm