The New York herald., 1877-12-19

strength of which the lceuse was granted
/ ACTION.
| Mr. Deneudori, counsel for the Commissioners
made brief but effective reply He contended that
the mandamus asked for could not be pranted, and
except 10 person who had clear legal fight 10 the
writ, the Court had no power 10 grant the same He
referred to the definition Of the word "n0,' and
closely analyzed tho arguments OF his opponrnt on
this point He argued, further, that no mandamus
could bc granted, inasmuch as the reIators had
another remedy by action At law. Mr Dienendori
| elaborated this point at come length.
| In reply Judge Dittenhocier conceded fully that
mandamus would moi lie wnen there was an adequate
remedy law But he insisted this case there was
no such remedy; tho party aggrieyed could only sue
damages would be the number OF drinks he lost, and
these he would be required TO prove specifically
sion OF witnesses subponaod prove Ia court That
| they might have drank at the painun's house SO
many cocktails and innumerabe DINER beverages
| equally
After some further discussion Judge Van Hoesen
took Inc papers Tor examnatiop reservlDg his de-
clson.
HABEAs CORPUS.
Two Italians, Anthony and Earco Baegauo, ar
rested and committed by Judge MORAN on a charge
OF selling liquor without license obtained yesterday
from JudGe Brady through their counsel, Mr. William
+. Howe. wrlts oi habcas corpus ana certorar, the
object being TO test the Legality OF their arrest ana
Imprisonment rhe writ was made retulnaDie on
Saturday III Supreme Court Chambers.
BEFORE RECORDER HACKETT.
William Walsh, George Know and William Dugan,
Hot the dance near Jerry McAuley's
mission, who indicted Tor selling liquor without
license, wore arragned for trial before Recorder
HacKet. Tne accused rendered a plea OF guity, aud
remanded lor sentence until next FRIDAY TO al
low counsel AN opportunity ~ submit alhdavits IN
nit CATION Of punishment Jerry McAuley was
his testimony. Recorder aacKett announced 70
Messrs. Dennis A. speilssey and Peter Mcnell,
Philip Holland, James O'Brion, Joseph Cosgrovo
and John Lee, that he had intended 70 render his
decision then but had been prevented by illness,
well other matters, from giving the aAidavlts
submitted 10 him the consideration they deserved.
and thus be spared the annoyance OIL those who
had called upon him, ana impertnenty endeavored TO
mould his judgment ON iha; question. The Recorder
added that he would dispose OF the cases as soon as
possible.
The case of Mary Moan, charged with selling liquor
without license, In which the testimony OF tue Wit
ness Blocker is disputed, again in Tombs Police
Court yesterday. Counsellor Mundy placed another
young man the sand who corroborated Bieeker's
evidence Counsellor Oliver, who appeared for The de-
fendant protested against Bleeker,s evidence being
admitted The Court held the prisoner in 800 bail,
after which Nj. Mundy Withdrew the complaints
against Roster 4 Bial Mr. Kramer ana fewi others
on the ground that other complaints were against
them.
ten OF violation Of tho Excise Jaw aud Judge
Smith, at Essex Market Cour. disposed OF SIX
There were ave liquor dealers arragned In the
East Forly-sixth street, had his store closed, but
Gnlcsr GoodeAough, OF tho Nineteenth precinct,
what he deemed TO be liquor passed over the counter
Judge Murray discharged Tho prisoner, as he con-
sidared the evidence Insufficient
Two saloon Keepers were held In the Harlem Poltce
Court
ARRESTS YESTERDAY
First precinct Henry Behrng, No 2S New street.
Fourth precinct-Joan Farley, NO. 100 Catherine
street; Patrick Hearn, No. "a Cherry street; William
Smith No l6S Chatham.
Fifth prec,nct-Herman wehrenberg, No. ss5
thirteenth precinct Henry Paul, No 3s4 Grand
street; Dennis Mccarthy, No. S51a Sheriff street !;
John Martin No. 255 Delancey street; Gotiried Gam
bermann No. 95 Attorney street; Denis salleran No.
406 Grand street; George Smith, No. 263 Delaney
street. and Friedrich Kropka, No. So Goerick street
sixteenth precuoL-john Wright, No. 2os West
avenue.
Rev. DIR. HOWARD CRosBY's DEFENCE OF THE
/, LIQUOR LAW.
Rev. Dr. Howard Crosby chairman OF the Society
for the Prevention OF Crime, delivered discourse
last evening at Association Hall the Excise Law
In Relation to Civic Order"
What the facts the speaker asked That there
900 places this city where nery liquor sold
and mainly in the defiance OF law. Four.anhs of
these arc without license, and one-h half OF this
number have attempted TO procure
u hcense According to no guesswork, but
10 the highest statistical authority this city,
eghths OF crime and paupcrsm from tho grog-
gerics Of New York. Have you ever followed up the
cases ar the various mendicants that apply to you
for add II you have done 1t you must have found
that done it all, and rum sold at the
groggeries But ior the owl wrought by you
and l have to pav. and Of tho causes
ior the heavy taxation lies in this enormous
sale Of rum ! need not toll you Of
city, the starvation oIwlves tho ruin OF fortunes but
let us put these facts IN the category OF those on
which We have 10 base our supersructure.
What shall we do TO stay this gigantic evil? There
some extremists who favor total prohibition. The
great objection TO this would be that such law would
do violence TO tho conscience Of tho
nity. Such laws have a demoralizng elect
in this that they teacn the people to live in contn-
/ ned dttiu n uni
favor Irec rum. OF THIS view need not speak here
uphold II. These The cry OF lib
eity, but government does no more violence
TO the principle OF liberty IN restraining and restrict
sale of gunpowdeE They cry about their honorable
business. Well, wo have rigot 10 say TO these
ibquitous one; you work day by day to keep rowdy-
rampant aud 10 spread pauperism throughout The
community" Then there is another cry-nameiy,
that create a disturbance. muddle, IN trying to
enforce the law Yes, 'muddle" is the word they like
10 use. You remember that when the wife opened
the parior door anu saw the husband aicctionately
engaged with the parior maid, he said, Jane, always
told yoi that your pr' ing ways would bring the fam
II is our pryng ways that bring the community into
trouble ana INTO ''muddle." +"
THE JUSTICE THE gxcsE
DR.. Crosby, after explaining the liquor law, argued
that the difference wnlcn IL between hotels and
groggeries was a sound and Just one. Hotels were
generally Kept by men who had some conscience lott
aud could al least be appealed TO- while the mum who
kept corner GROCERY had ieit all conscience
tainiy IL necessary for the decision OF tue
Court OF Appeals to nave established the fact that
5000 groggerles were selling without license That
was source OF the 'muddle'-namely, that those
intrustcd with the execution oil our laws for years
allowed II TO remain dead letter. Just
now excitement had been pro 4uced, and Grand
Jury composed VI the noblest citizens OF New York
told the Excise Commissioners that II they did not do
their outy they would indicted. The poc. were now
dong their duty and their action IL worthy ofal praise
(Applause) He did not desire to arraign tho char
acler OF the city magistrates, and yet, though
in thor hearts they probably did not in-
tend wrong, hs must arraien them upon this
occasion He would tell them that the Legis-
laturc would not change the law, for the voice Of
the people stronger than that OF rowdy Ism-(ap
pause)-and he would, therefore, now call upon the
District Attorney anu the Recorder carry out the
| law us ii stood now upon the statute book.
THB RECORDER ARR2iGSED.
DIR. Crosby, 10 prove that the Recorder
and District Attorneys Office were cupaoe,
read some quotations from the reports oil the
Society for the Prevention OF Crime Ono man, Cos-
grove, being indicted was held 70 bail IN $500 Tho
bail forfeited, but wnere that bail now2 1n
-. txg. a hi In