The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-12
SUNDAY LIQUOR.
Enforcement of the Excise Law IN
Saloons and Gardens Yesterday.
A SCAPEGOAT WAITER
The Old COnundrum, "Is Lager Intoxicating p
Brought Up Again.

Tho enforcement OF the Excise law quite general
yesterday although the resolution OF the Police Com.
mssioners to arrest and punish IT'S volalors deferred
great many liquor dealers from opening their places
As will be seen hereafter, number OF persons
arrested and baled, and altogether the police
vgilant Trouble was expected by the general public
at Gmores Garden, but 1t did not occur, tho manage
mert not feeling disposed to risk the annoyance 10
their audience which must have inevitably followed
the advent Of several plaoons Of uniformed police
Some Germans, however, sold beer IN defiance OF the
Commissioners and many OF them arrested. All
the prisoners were baicd out; he was left
DURANGO vile sacrifice principle His viii
be test case for the settlement OF the question: us
lager beer intoxicating or notyn
RAID on THE ATLANTIC GARDEN
The police OF tho Sixth precinct yesterday afternoon
made raid on the Atlantic Garden, No 30 Boxcry,
aad arrested twelve OF the walters employed there Tor
selling beer The arrests were made by Captain
Lowry and Detective Handy OF the Sixth precinct act
ing under / orders OF Inspector Dilks who was
present Major George w. sauer and Mr. Hollendcr
the chief officers Of the German Liquor
Dealers Association, present in the gar
den when the arrests made, aud
accompanied tho prisoners the Tombs, where JUS
O'Clock p. NJ. When the arrests were made in Tho
garden scene OF wild excitement ensued the visitors,
consisting OF about 1900 Germans, nooting ut the
officers and pressing around them, as to prevent
their cgrcss from the garden. Sergeant Ryan, who
was in command OF tho police force, ordered his
olccrs to draw their clubs, and by this demonstration
OF authority succeeded III taking the prisoners to
court When the arrests were made Major Saucr
and Mr. Kracmcr, the proprietor of the garden said,
1--WE intend to have this contested, on the
ground that lager beer is not intoxicating That this
was their intention became evident when the first
prisoner, Ferdinand Juergcns, water was arragued
before Justice Murray Officer Mackay, who made the
arrest SAID that Jucrgens had sold him glass OF beer
Counsellor Cowan, who appeared for all the prisoners
SAID, "Ohi or, you
SWEAR THAT LAGER BEER IS INTOXICATING %
Officer Mackey said that he could not. The coun-
sclor said, "Wc intend to make test case Of this
and will not bail the prisoner JIcrgens was then
held for trial in default OF 500 bail The other prison.
crs named Charles Frederick Steb, William Mooch
Andrew Slctt, Vincent Frcs Ernest Nauman, Patrick
Monalt Henry Hummeil, Otto Lewis Charles Zernicke
Charles Betch and Albert Herman each held to bail
in the OF 500 which promptly furnished by
Major Saucr During The afternoon tho vicnncse lady
orchestra played In the garden, and tho sold
only white beer.
GlLMoRE's GARDEN
At Gilmore's Garden beer or intoxicating bcvcr-
age sold to any OF tho audience in attendance
last evening on account OF tho recent action OF
Judge Donohue, who dissolved the injunction
he had previously granted against the tree
entrance OF policemen IN uniform into tho gar
den. There were 100 mon in reserve, under
Captain Steers orders be let loose upon tho csab
llshmcnt Whenever ne felt that their presence would
Excise sw Nome Of .am wera Called o. he
however, and only sixteen detectives in citizens'
dress. were IN tho building. They had paid Tor
Their admission and stationed themselves opposite the
bar 10 watch the waters and attendants. Commits
sioner Smith himself was snugly ensconccd in the tent
behind the Hotel Brunswick barroom enjoying his
ottum cum dignitotc with few friends and ct ceteyas
while Captain Steers listening the music OF Gil.
mores Band, and Commissioner Nichols drank in the
sweet tones OF Levy. Tho anticipated trouble did not
occur, and the audience stayed until the end regang
themselves with coffee. milk and lemonade. The con-
cert was In every sense, delightfully."- harmonious
AT THE ToMBs.
At tho morning session at the Tcmbs Court yestcr-
day Valentine Walter OF No. 30l Pearl street. Daniel
Flanagan, of No. $50 Madison street, and kormen
Erbert OF No 90 HUDSON street. arrested for violating
the Excise law were DISCHARGED BY Justice Murray tho
Thomas O'Neil, Of No FL Madison street were
zach held in bail tor selling bccr
WASHINGTON PLACE COURT.
During the morning session at the Washington Place
Poce Court yesterday Justice Duly held Joseph Ioba,
Greenwich avenue, and James Henry OF No SOB Eighth
avenue Tor trial for selling beer.
rIiE Prry-sEvExrH STREET POLICE COURT
opened O'Clock yesterday evening by Judge
Murray, who had already notified the different uptown
precincts 10 that effect There only seven
OF whom four held for trial aud
tho were dismissed because the officers
could not swear that the liquor sold in their presence
really lager beer not having taken the prccaution
10 taste IT. officer Murphy, of tho Nineteenth precinct
arrested James Chrsy at Fifth avenue and Fifty ninth
street. IN the act OF drawing two glasses OF what he was
morally certain lager beer rom kcg, but he did
not taste II Tor the very good reason that he did
wish TO have charge preferred against him. In the
OF all those who were held the officers had not
only tasted the lager but had drank whole glass of
the loaming beverage each Of them. Thc Court nd.
journed at nnc O'clock there being further bust
AT POLICE HEADQUARTERS.
Inspector Frank CHI was ia command OF the n.
trail Office all day yesterday but cali made upon
him for aid 10 prevent the sale OF liquors. Early in
tho day Superintendent WalIing arrived aud renamed
n his Office until ten r. NJ In the evening received
frequent reports from the Twenty precinct All Of
which TO the effect that there no attempt at
violation Of tho Excise law. The following Is the ex-
hibt OF arrests IN the various prccincts:--
N.Aa.A 49, 49,