New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-12-29
THE OUTLOOK YESTERDAY.

THE OUTLOOK YESTERDAY.
Superintendent Walling stated yesterday that
no new information had been obtained In regard TO TX
else Commissioner owen Murphy. He thought Murphy
was beyond doubt in Canada cut OF the reach OF the
law md there could be absolutely nothing new in the
case until he should make oyertures towards
n compromise. President Morton. OF the Board OF E&
else said yesterday he had intention OF suggest
ing an attempt al communication with Murphy, ana he
did not believe any such attempt would he recognized
by the fugitive. He now safe f,om justice ana
would probably studiouSly avoid all recognition OF ad
vances from his former acquaintance mere.
A ptttion was presented yesterday to the Mayor
signed by George W. Blunt, City Chamberlain Tappan
Corporation Counsel Whitney, and about 100 others ask
ing that Robert Han be appointed Excise Commissioner
H. place Of owen Murphy.
Judge Van Hoes,n. in the Court OF Common Pleas,
fled Yesterday his decision the motions OF exJudge
Dtenhoeer for writs Of mandamus against the Board
Of Excise TO compel II TO issue licenses 10 EDWARD
Thompson. who keeps restaurant on broadway
and TO Edward Kelly. keeper OF the Centennial Hotel
Judge Van Hoescn very briefly disposes OF MI Ihomp
cons case as he does not pretend to keep hotel In
Kelys case the Board found every question IN his
favor except that he did not keep inn, and that he
had all the requisites of nn except facilities for COOK
ing food on the premises.
Judge Van Hoesen discusses at some length how far
the courts by mandamus may compel TIE Board OF TX
else TO issue license, doubling whether the writ VIII
isslc axcstt when the Commissioners have awarded
license 10 compel them issue it, and when they I'M
reasonably delay ther decision, to compel them to come
TO some decision He does not decide the
question IN this the counsel had
asked him to decide the other question At'er
carefully examining the various 90 IN Which
the definition OF an inn is considered ne Ms II seems
10 ne the Board must be satisfied thar the furnish
ing meals is regular part OF the business CT the ap
plc"At ioI HceHs9' - ~ , a. a., dic,nf r1stau-
casonal bringing Oi YicuaIs Itun az a,JiC 49,, 1911
vii not transform dr1uking-sa0oh mo hottI
Every mans experience teaches lnm that no man ""O
expects 10 keep hotel would seriously thnh Oh seiidlhS
out a ueIgnDOriug dIning-IOom Tor every aGce OI
person who pIOtcSse 90 have such business place WOu
te suspected at In short, house which does not
ordinary way has NOT, to the language Of me act
'the necessary accommodations to entertain uaNeiers
The application for the lnaudauuS must he denied
Recorder Hackctt. the Court OF General Sessions
passcd sentence Yesterday ON ten twelve persons
Wno had pleaded guilty selling liquor without a
license, reading FROM carefully prepared paper lie
began by saying; Twelve persons confess themselves
before Tie Court to beeI offenders against the TX
else law, That each sold liquor without Acehse am
respecting OF them yOu Gus aihiavlts ana state
mcnts, both eZcupatOry and lucupaoy, nave beyn
filed. These l have a.tenuyeiy ana ftntcuFt ~
perused and not hastily as some WINNIE s1 ln u
OF morality would nave had me cons. deIeu.
Tie Recorder then points out That though ignorance o
sderaon ia mitigation oi the penalty and considering
portions OF the OF 1871 It would not be fair 10 i'm
pose q sentence on luse VINO appear 10 DC buii-
this Class DE includes George Know, william WALSH
Charles Miller, john L. Nndo!pl, william W. Choi Cii
Robert Reagan; JOHN Ite ana Joseph Malone, each o.
Waon he zines SO. william DuGai, who keeps bucket
Philip Holland anu James O'Bden were indicted Tor
selling liquor November 8: At that time iLeir a pnc
Der % when they were informed OF tle rejection but
continued their business. Inc kecoIder sals nc IaS
mining che sentence. This DE viii not do. The intent
must be- judged from the circumstances attending the
act charged lie tucieIOfe pVstpo Juu-en, j" 1.[
cases, 60 gave opportunity for trcsu judgments II
after notice they wlIuuY resisted the law W hen NAT
fact is technically before NM De Sln u, WIN IT.. On
COsgrOyc indicted Oc ODtr s. 1or one violation OF rae
sg'ia Octobrr 81 and received notice fio,h lie
fused He cannot, Therefore, be regarded as
a mere biunderer Richard Eustace was fined
$50 on October 49, for violating the law, bat persisted
and pleaded guilty 70 second offence To be- eneli 10
these men would be % be severe 10 those WHO have
euued suorantly The Recorder does not ud that vo-
lstors OF Excise laws lave ever been imprisoned, I'M
les th,y also kent dsoIdeIy houses, NgyeIthel,ssi
their houses reputable in view Of tier wliuness ne
sentences osgr0ye 10 a hue OF SID ana IN
the pcuIt udIy for thirty day, and EGstacc, tins BENG
ms second offence, TO fine Cf $3.50 and Imprisonment
Tor sixty days IN lhhcllhS tLese Sthlecc,, &c hta
taken into the SAVING OF trouble and expense by
the pleas OF guilty.
TGe Recorder concluded follows: q" In fling these
memoranda along with the various ahidaNitS. Zee. IL
tied uiicisn-to use DO harsh nouA-tlat was recently
made upon him hy Jealous divine and winch, because
become e1Oneous'y lodged IN the pubic mind. Iuat
9ncer has DO eohro OF an iulG ,Inent aItI
OF hs court, with It's Immense bus ness the DIS
trctAtOrey is ways credited with motion Tor Judg-
melt cO-Isauter, upon plea OF guilty, or conviction
by jury given Sometimes, when he dee res to do,
he emphasizes tins motion 10y remarks IA aid of the con-
science Of Tie Court have never found the District
Attorney the hand, mid or irrcsOutc nor on the
other either prosecutor spaSmodic legal macinst.
And think public apology IS due nan Inm the ols IN,
gushed divine who, am told, has cloqUeEty preached
from the maxim in the old law-hOOk OF solomon (sce
cha, XVI Proverbs. Cpd verse, DOuay vclSCn The
patient IS better than the valiant, aud he
That ruleth his spirit than he that takcth cities"
The Recorder spoke briefly Of bis regret at the
condition Of the law and bls hope that II would be
reced by the Legislature lie also spoke OF the terrible
evil. arising from unrcguated lquur-selmg IL city
like this, aud that Cny those should be allowed 70 sell
who were Of themselves and had the ability
1t sold only 10 those who could control them
selves.
Eustace 1T once obtained from Judge Brady, I'm gu
prcne Court Chambers at WIT OF haOeas corpus and
certorAIi, rcturuae this morning. TO have the proceed
iugs against him examined by Judge Brady.