The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-05
BEER-SELLING ON SUNDAY.
WdsHTNGTON PLACE POLICE COURT
FILLED WIN BARK EEPERS.

Dealers who Insisted upon GotnG TO frison'
The announcement that the Excise law
vas to be rigidly enforced In Gilmore's Garden
i.at night drew q large multitude to that place
OF entertainment, among them eI Collector
Murphy, Assistant District-Attorney Lyon, ex-
Judge Dittenhoener, Little Johnny Davenport
Uharles Backus Of the s IN Francisco Minstrels,
and several public officials AT Atbalf-past7 o'clock
"a bartenders dressed In white linen took their
stations behind the bar. At o'clock twenty
young Germans dressed In black alp ,cci Jackets
and white aprons. were marched In the bsuoom
and placed behind the bar. Tney were hired
with the understanding that they might be ar
rested, and were paid nfty cents each. AT ABOUT
The same hour, Capt Steers, with twenty police
men, In civilian clothes, appeared at the door OF
the Garden and asked for admission. Manager
Bilmove replied that the Captain and bis men
would have TO pay nifty cents each, the admis'
sion fee. The Captain thereupon bought twenty
tickets, and the oflcers entered the Gar
den. Mr.. Gilmore said that the money
paid by the twenty policemen would pay
the wages Of twenty-five OF his bartenders. The
Captain smiled and returned to bis station.
few minutes afterward one Of Shook and Gil
mores ofhcers. accompanied 9 police ofacer,
stepped In front Of the oar, and ssksd one OF
rho barkeepers in black to give them two glasses
OF beer. Tue bartender, having drawn the beer,
was ssk cd TO Join them. He smilinglv COM
piled. and the three glasses were drank. The pay
for the beer was given to the bartender, who
paid II to the bsrkeeper In white. Then the
policeman told the bartender who had drawn
the beer to put on his coat, aud accompany him
Co the police station. This was repeated
until each OF the twenty policemen
bad arrested one Of the bartenders in black.
The barkeepers were taken TO the W Washington
Place Police Court, aod having been ad mitted
to bail by Justice Duffy, they returned to the
Garden. Expecting that Inspector McDermott
might visit the garden and order more arrests,
100 other extra men In waiting to All the places
Of those arrested until he concert was conciud-
ID. But the Inspector kept stuoiously away.
IN THE WEST SIDE POLICE COURT.
In the Washington Place Police Court yester-
day morning, there were about dozen cases OF
announces that he would nold another session
At O'Clock =. NJ, to Try cases Of eLcise yinia.
room was thronRed By a multitude of saloon
keepe's. barmen, police ofacers, and detectlves;
and md gave ne bond. in sico each: S'' "'''
Msrt,u Fre.hSey, OF ChIis.ophsr s and Hudson
Henry b,oisu Of eai Hudson street, Albert r.
Davis OF rs Greeowich street, Thomas Dugan Of
100 West Twenty-afth street, Reosrd Grssory
sscond street and Fourth avenue, Patrick
Pesnty o. al West thirteenth street, Adolph
Of al West Fourteenth street, William wollosrs
ef 4yT Hudson street
was general rush OF dark dressed Young men.
who wore white neckties and gorgeous button
we're all from the garden of p. s. Gilmore, and
ali looked upon the fact of their arrest a. stu
oos oosfs sps a. sses sppss up s the
bar q crowd OF Germans J bberinR broken Eng
.oid Sne tne SsusIs Issosy ibey hsd been d,essss in
citizens clothes and ordered to penetr te o the
gardens and drink of the beer that Is sold IN the
Hippodrome on sunday evening". Fourteen OF
the men said that they mad p-d nifty cents for
aamittance and i've cents for the drinks, and
they desired to know who Il To reimburse them
for the outlay. Each one had found that the
sle Of peer went ON In the garden yes erday in
all very WE'LL" said Justice Duny, as the array Of
men bled before him; but don't want YOU.
I'd rather arrest Mr.. Gilmore. don't want TO
lock 40 you poor men VINO are getting starvation
salaros aud are living on four or i've dollars a
week. The proprietors, whom tbese men were.
are living on the fat OF the isnd while these men
VINO have been arrested are tr, ine TO Rvt along
Sa o To snsmsr ths Of tue or
ncers were many amusing incidents. Some said
that they only tasted ,ne ees, ana others maze r
ishod their dtinks ana then informed the bar
keepers Of heir business.
saloon on snnd.y and take drink 2"
thai, but se' still 'l' must ooey orders. that's
right" was the Judicial answer, always ooey
You are % in the g. WONG" Another dsiscliye said
that he took only half OF bis RI-ss because he
have drank the whole Glrssiui. Nearly ali the
who wsIc .rTss.sd Es"sds says S 70 siSc each
troupe. Mr.. Koch, who is the lessee Of the
Garden. sat on the front seat OF the police court
during tho session. After no had heard the
sentences he went quietly away. simpi, saying
ss he passed out the door th.t "itwasa damned
Alter sII the excise cases, Of which over 3
were from Gilmores Garden, had been disposed
t,Iicstion were arraipned for trial. Nearly all
avowed that they were led astray by the re-
travelled ali the way. from Harlem to The Battery
and that finding only one saloon open lie deter
COLD, colo You know know how rs yerseif Judge
here here it. Il Ia. seeS' YES said judge Dufiy, II
Bee: 90 home to the Centennial. on parole"
MEN WHO WILL TIGHT.
Justus H. Schwao Of ~ Clinton street was
lis was arraigned before Justice Morgan At the
Essex Market Police Court, anu when the oficer
lager beer. Justice Morgan told him that ne
would hO.d him to bail to answer. Schwab re-
S.r oi o i' BoM.y Ss 'aSSiS sSS
proprietor oftbe "Rathskeller" were present to
sign 'hs bail bond: scnwsb said he % would , sac,
committed him to prison and he was taken to
Rue Tombs.
Messrs. Hollender and Sauer stated that they
Intended to soc Schwab through" They are sus
aimed by the law cOulnittse Oi the mass H. ct
hng recently held IN the Cooper Institute. Major
Sauer said that Oakey Hall told tue committee
shst all the excise arrests on Sunday were lie
pa. for tue reason that the ALLEGED offence w.s
only misdemosnor, II any offence at III, and
that the police have no right TO arrest on Sun
day without a warrant a person whom tney see
committing misdemeanor. Major Sauer also
said that ex Judge Freeoman advised the com
nittee Tn test the right to arrest, as II was be-
leyed that the sale OF lager beer not pro-
biblted 10y the Excise law.
The theory OF the beer sellers Is tn at the word
beer l. left out Of the law OF 1873, and that such
OMISSION on the part OF the LEGISLATURE repeats
the law OF 1857 In reference to the sac Of beer
on sunday, except between the nours of and
IN the morning. he law OF 1873 expressly
ilrbids the sale Of beer, they say, between these
nOur., hut Is silent IS 10 the rest of the dav.
" hen asked how they met the provision In the
law OF 1873 which decl res that the law of 1857
bha remain III force except In 80 FAR as IL Is ln-
tinslsiont with tho law Of 1873, they replied
thal " was Inconsistent on the pOnt ~ ques Ion.
Mrssrs bauer aud Huliender went up TO the
[lpnlc Of the New YorK san9errunue IN JOnese
Wood yeateId TO watch the mOvem, nts OF
the polre there. Capt. Mount had notice that
a plcnir was to be held Ia Jones's wood yester-
DAY, and that lager beer was To be drank on the
promises. lie did not know what to 90. he
Nv, AS at present inter pre- led by Superinte ndent
Nhlllng, fBTtIus La a selling q ay' al