The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-20
UNSETTLED EXCISE.
The Storm That DR.. Crosby's Leo
ture Produced.
REPLY FROM LIQUOR DEALERS,
Brookyn's Excise Department Getting
Into Trouble.

For tho drst tlmc since the beginning or their
troubles the liquor dealers yesterday felt that sou
tion Of the present muddled OF was near
at hand. Tho action OF Mayor Ely toward tho Police
Commissioner and OF the Board Of Aldermen In re-
lation to the way in which business has been
Quoted by tho Board OF Excise. was hopefully dts
eussed and lavorably commented upon. The crowd
around tho ofhcc OF the Excise Commissioners con-
linucd throughout tho day and diminished at an
sarlier hour than usual in the evening Tho number
OF ale and beer granted during the day almost
reached hundred Applicants for hotel licences
to be compelled TO sign the following affidavit before
receiving thcm:-
- said city being duly sworn says that he an APP
sn city asS ability to keep
every recommendation required TO- and doe. farnsh
travellers meals. rooms and lodgings tor his guests
& three spare beds and bed
sws: p.es sign .ss front Of the building D.rSus"
for the purpose travellers
Tho great majority Of those who have been granted
licenses to sell ale and boer-now that they go
with their business undisturbed-ars perfectly
tented but thsrs who brood over losses
they have sustained through, they claim, fault
Of their own. and who would seek reimbursement did
they know what course to pursue
ssWhy," said one Of tho latter HERALD reporter
"sce what gross injustice It has been to me. In
April last made application for license to sell
malt and spirtuous llquors-tnat before
this hotel question came up-and paid
$50 They gavc in return receipt
Tor the money, pending investigation tho thing
reads, l could not do moro; 80 l went with my
business The first DAY Of tho raids was arrested,
locked up night, dragged to court morning
1n~tN tre Inn n to.c
Two ago my place remained closed NowL open again
license sell beer alc for which have paid
$50. Not out OF the $50 paid in April last,
but in addition to It The $50. 1t seems,
i must wait for till It peasos the Excise
Commissioners to return It, But that not the worst
Of It. My license to sell ale and beer is made
piro In April next. Now havc either had or not had
the right sell beer last April They date my
license back to that time, and yet arrested no.
for selling sprituous liquors, but beer. intend
excise people insist on dating my license far back
they have done. believe the city responsible 10
PEELED remain closed. II have no license dur.
ing all that time u has not been my fault and be-
licve entitled to license for year from the
day on which paid my money"
THx sEcoRDER AND DISTRICT ATTORNEY.
ov Rev d. s az
cases had boon indefinitely postponed. Recorder
Hackett yesterday observed in answer inquiry
that hc had distinctly announced his reasons Tucs
day morning tor not then rendering hts decision Ia
the cases submitted. He then stated in plain terms
ho had sent Tor his physician. and tina.
with judicial business since the afndavi,s ia
the various casos presented to MIN. he
and give the matter .S. careful ns%
Il demanded He then announced, moreover, that
the others as soon thereafter as possible Recorder
Hackets added that he did intend TO be intimdatcd
OF coescsd ~ any innuence whatever
Instpuatons wore thrown out In Dr. Crosbys lecture
that there was want OF energy displayed in the DIS
srct Attorneys Once In reference tho prosecutions
for violations OF She Excise law. District Attorney
Phelps emphattcay denied that there had been any
laxity want Of zeal in his department respect to
those 10 which the Society the Prevention
Of Crime was so much Interested. Assistant Dis
srct Attorney RUSSELL who conducted tho prosecution
one Of the cases MENTIONED By Dr. CROSBY e' was
promptly brought before the Grand ury ana Just
G
raignod ana pleaded guilty. Their counsel
asked for time in which to prepare ana
nle ahidavits IN mitigation OF punishment.
The prosecution, as IS always the usage undcr such
circumstances consented. Accordingly tho aldavits
presented rebu,tna afhdaviis These documents wero
duly submitted to Recorder Hackett, who, how.
every vsa 70 d
IN good health and his labors very
s s When the cases came up on Tuesday Tor
had intended to read the afdavits the day previous
but that be had been III That he had postponed do
Russell said that IN all but two OF them
pleas Of guilty had been endcred and the defendants
were now awaiting sentence Tho case OF wyndolpn,
OF the two three exceptions not mentioned by
Or. Crosby, had not been brought TO trial because
Lambert trial. The actual engagement Of counsel,
Mr.. Russell went on to say, was always considered
valid excuse Tor post ponement.
ALL THE CASES PROPERLY Prosecutor.
Thore not one Of those cases that had not
been properly prosecuted to Judgment The District
tonce. Assistant District Attorney Russell further
added that there lack Of cooperation 90 tho
Il was clearly right that Tho defendants should
DO allowed TO nlc anidavits, and he felt
bound 70 say they msh; properly effect mitigation
only say. Tho duty Of the District Attorney ends
wi.h conviction. DR.. Crosby must have been misin-
alleged bad .drOpped out" the parties accused had
s:rs Ss 'nf hands Ss court ssa pleas
DO dspossd, 81. as 1.-The Court thought A.
every facility had been Afforded the Society lis rsp
scscntatvcs however, did not to appreciate the
tact shat tho court prssdcd over by Recorder Hacke
ness besides excise cases. such MS prosecutions Tor
murders, burssrlcs, pcrjurcrs, Iorsers and the
gagged 80 the Court OF Oyer and Term,ner
with tho Lambert trial. Judge GildcrsIccves court had
had haa from twenty-five to thirty cases daily before
Recorder Hackctt. No ono more IA favor oil the
tnfVrrement OF the kxciBc IMAM tnoso connected
with the District Attorneys Office. In ncusion Mr.
Russell said that he had not spoken TO the Recorder
% TO WIS. course he would adopt or what punishment
he would InnicI
REPLY cRosBy's ADDRESS.
Tho following letter has been addressed ny Mr..
Loeser president OF tho Vino aud spirit Traders So
Getty, 10 the Row Dr. Howard Crosby, president Of
lhe Society Tor The Prevention OF Crime IN reply to
.he lstiers address Tuesday evening upon sub
lecs OF the excise troubles:-
NEw yoRK, Dec. 10, 1877.
70 tho Rov. Dr. HOWARD CKosnY:-
A DEA MIu f.~au
much 10 my regret, from listening 10 your address
last night, opened tho papers this morning with
much interest," conndently expecting. as hayo always
held your fairness la high esteem, TO meet with n
lust and Reasonable presents OF the problem which
rs nov agiiaiing the Guy 30 deeply. l csnno; md
words TO express tho pasn and surprise with which
read the address, laid tho Jules report OF IL that
could obtain before the council OF the Vino ana Sprit
Traders society, VI when | have the honor 10 be
The president aud instructed by body 10 rc-
Bpoctiuiiy request consider Inc foown outs
which seem to have escaped your attention IN making
ap your rcmarKs:-
You say shere are 10000 places in this city whore
"hcry liquors are tcld 10 make people drunkr III