The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-29

UNLfCENStD LTorOR SELLIRS Sent TO
TffE TENITENTf fRr.
Het ordcr Unri.eu Defends the Di.trict Atior-
mes, ma SAYS the Rev, br. trosby should
Apologize ryr his Adverse triiicism.


nrS, md SAYS the Hc,. Dr. Crosby should
Ap"iog'zr r.r his Adverse Criiicism.
IN tic General Sessions. yesterday. twelve
M u who had pleaded guilty Of srli'ng sriri'u-
Gus liquors without lccn-c were arraignrd for
sentence. They had boon q. large on bail. Dut
All appeared at the bar when their names were
called. The room was nlod with lrwy'rs and
liquor donlcr- and members Of the E"y. br.
Cru"hv- society. for the occasion wa- imlor-
tant ca account Of the promised final action Ivy
Recorder lIaokct in the cAcisc eases. No single
infringement of the excise law in this city had
over brought upon the offender a harder pun
ishmcnt tinn a mere fine. and there was a
strong curiosity rs To Whether this time the
Court would Impose Imprisonment Tho recent
STRUCTURES upon the acts of the Recorder and the
District Attorney had intensified the inlor It.
The prisoners. all OF whom hal been indicted
on proof presented by the Society for Tho Pre-
vontion of Crime. gathered in group In front
OF the bench and several were plainly nervous.
" Respecting some Of these cascs.' the I,ocor-
der said. "voluminous u1idavits aud state
mcnta. cNculpni9ry and inculpotory have been
flied. These have utcntivcly and renertiyoly
pernIcd-nct hastlly. = some whiIpers.in of
While IL l. true that ignorance Of the law n no
excuse to rs yiOlstor. vt the questions whether
misHdNiecd Ot his act. are ~ much 10 he con~id-
cred in mitigation ~ punishment rs are circum-
stances Of Enowlcd.., and wlfulnoss in regard
10 the greater measure OF punishment. II has
been intimGtod 10y the Court of Appeals that the
law makcrs Of 1870 probably intended to repeal
the limitation section Of 1887. which has caused.
during h"past year misunderstanding not
only among liluor dealers but th".r lawyers.
u would not j." fair Therefore. to impose u Sc
we're sentence upon thos" Of II - offenders AZ the
bar who appear to w.. bundereiS rather than
wliul and pTrsis,ent law breakcrs'
| William Walsh. John y. Wndolph. William ".
Thurchil,. koncrt Reagan john Lee. and
Jo~"ph Malone, whom h. casscl rs bmnder-
| .re. t. rny fine " s2j each. Upon William
nu-an whose harroom was disord rly, he i'm
| holland and James ODrcu were deferred, -
| that the Court might ascertain whether they
had Milinlly violated the law and incidentally
| ion selling ligncr when unlicensed on Nov =.
i appears that their application WIS then pend
! rlhuiiou u money toward contingent license.
| But mat II was r'jci"d. and they were III
! That noiWitht tandinS this repetition and mott.
| nraton. they have since that latter date dcncd
the law; Gnd am requested by the Jealous
| counsel for the prosecuting society 10 consider
| IN" lui'r acts in gard to the meas ure Of pun
| lshm"nt for thr nnrlier ono. This will not DO.
! The onrndcr- have not pleaded guilty of these
! later qrt-. Nothing IS bttnr settled in criminal
| law than that thu intention OF Wrongdoer
anincrdcn' IL or 1T the time OF an offence must
| alone be considered 10y jury or Court.
| That LETT - -. disr9.ci OF The cases 81 John
Cosgrovc. of 80 Washington street. and Rich
| .
| John {. '-glovc has pleaded guilty ~ selling
| liquor without q license" the Recorder said
| H. Was indicted Oct Tor one violation. The
| law therefore then gave him notice that he was
| not regarded as q hlund"rcr. H. continued 10
| violate the law. and wa~ again indicted on oct
| 10. He siill persisted I'm violations. mud WIS
| once more ind ted on q T. 2i-and this after
| he was hot only notified from this court. but
from tine clerk Of the Board ~ Excise thai Lis
aypl cation fora licen.' WA refused. Richard
! Eu-anr was hncd sJp on Oct. ~ for selling
| liquor without liccl-". Thus bee lid a double
| IA Ifa fUft he iff unr Y. he also a. -
| sisted. and ia- pleaded guilty To- a ~uh-e IA mt
oa"nce. To. be leni"n undcr such circum-
against those who may ha,r -.nn,d ignorautly.
| or unler mi- an lnr-i landing ton him.. payment
| | have carefully scar hei tho rcr0rls OF the
do not hni that Nulntors Of the Excise law
| have eyer been inlpr -enri unless they also
| Autobiography houses. lhe claract r. of Cos
| grow and fu~'arc have been good. and their
| houses r"puiuhe Lev rthrlrs-. it j. imnos.l =
hl"ip .nieri9in hut one yi'w oith Fir wil,u.nrss.
| shall fine grove . % and impose impr IA
mcut ou him OF thirty days IN the peniicntiary.
A. fer Lusln.e. the maniics policy. of the re-
..roni offence. and shall ni pose upHn hiln
TIA" u fine cl $3.50 and Imprisonment Tor stNty
days ina inc pcut.ntnry. In fA's Determination
yoar allowed hy law. am guided Dy the plea Of
guilty Ihe d"'rndaiis have saved the county
a prphnli" difficulty oi time AMI expense In Oh-
it'Nlnr un'iae.d prul jurors and possibly, in
tues PARTISAN times nave also prevent d di-a-
kttrNi'Ni7 N~ lN rtIi u. N"rc iutN before mo
far sentence nftrr q defiant legal contest.
.A"uli-a- have many tlme announced my de-
| rwinutlou-i impose the fall pengliv.'
Inc sent 'urv ~ Co.'S grove and En- taco To- I'M
prisnnmrni. although untrilui" fA Q fUw WAS
| uu unpleasant surprise to most ~ IN" Ass. M
blnge. and there WIS q buzz ~ angry comment
81 l'ol II my duty. the Il ''orlcr coui! nu A.
10 shield III" Di,,u.t Attorney from mn un-
/ m tod orltloisni-tO us" no harsh uutin-thai
WIS rar'nty lnuio upon him hv ~ lious di-
vine, and whl'h, lDr"usc uun.isn'd 10 the
milton rradors at car daily prtss. may
mind. That ON 'er has no control 0i au
| nl.tmrnt iter cunvi 'tion. Tn time iol
judgment rests wholly with the Court
| ~ tIr u~n-r nl rus court, W.ih III iWmru~t
business, ih' District Attorney is always Drod
| t'l with motion for judgment 90 ttsfdl fr
! mp ~ % NJ '. ol guilty or a CONVECTION. some
times, when hr dos re- 80 20 do he emph me- i2Hs
THIS motion ID rfnlnrks ia aid of the cons 'irn
! oi the Court. nave meyer found the D-trif
Attorney on the ono hand tmid or irresolu,o
machinisi And think public apology j. du'
him from tina distinsuishcd divine who. ! an
told, las 81 Iuruiy breach ii from the maNiA
i'm ih" old law book ni solomon: Tho pat u
man is better han valiant. and he that rul, a
his spirit than h" that tnkrtn cities. -
Tho Recorder SAID, too. that there was M
DOUBT about the propri'ty 81 restricting the
sale Ni intpN 'nting beverage, for the catalogue
of poverty AMI Grim" that II filed NJ 10y then
il frightiul The cNieting Excise laws were no
~ his making, and 1t was simply his duty Z
aupl, them to the ru-es which came before Inn
which he in redrd to do frNrle-sy. II liuuo
dtHlcr- were dl--at.~ilni with them. they shoul,
eud"gvor 10 -ont such mon 10 the legislature
a1 UNDERSTOOD and would try To- meet the Ie
,liir,N. nf- of ,r, no city In that particulars
the money 10 CORK SiHr1s, cN outing CnSlrO.
AMI Eustu,', VINO were started Tor the Pcntvn