The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-05
THE EXCISE WAR.
A Triumph for Liquor Dealers Be-
fore Recorder Hackett.
Additional Witnesses Before the Grand Jury
Proceedings In Jersey.

bombsholl was yesterday thrown into the camp Of
the LIQUOR Dealers foes. 1t WAS indeed, grand field
day those charged with VIOLATIONS Of the excise.
who persstsnty claim that they are being ruthisssy
prosecuted and when Recorder Hackett took his seat
bench OF the Court OF General Sessions, Part 2
yesterday morning promptly At eleven o'clock, .
breathless silence ensued. The court room was
| crowded to excess by those whose interests
were So much at stake, and tho proceed
ings In reference TO the prosecutions recently
Instituted at tho instance OF DR.. Crospy's
society awaited with every manifestation OF
anxiety. 1t Will be remembered that on Friday last
several liquor dealers IRON Fordham were arraigned
for trial tho charge OF violating the Excise law,
among them being George simmons, James Thompson,
Joseph Moore, w. W. Churchill, Jacob Cole, Patrick
Nolan, Michael C1mmins and Edward McCaGrsy. BY
advice OF their counsel Mr.. j. b. Haskins, they all
tendersd plea OF guilty and sentence was postponed
until yesterday in order to allow Of the pre-
sensations OF afndavits In mitigation Of punish
mcnt The accused nearly all propretors OF what
is known as sroad houses the Twenty fourth ward
When the called Mr.. Haskips READ several
andav,s. Hc.then earnestly submitted that while the
accused might be guilty Of technical violation 81 law
the Board oil Excuse had collected nearly $3.50 900.
Moneys collected ny the Board had been handed TO
the City Chamberlain and through the proper cnan
mel had been distributes among shs charitable nstl-
tutions He contcDdeu tint II the moneys Tor licenses
paid goou latin and receipts obainea they had
tner CLAIMS against The Board oi Excise. In other
worus II Inc contracts we're not carried
out, The Board q Excise clearly oota'ned
their money by false representations anu the
neglect OF Inc Board. He would add tia. the
society, which was prosecuting these men, would
widow anu orphan as tue money OF the defendants had
done He there ~ the friend and nslghbor OF tho
accused, not as Their paid counsel TO deieud them
against the prosecutions OF society gotten up Tor
political purposes. f.ae.r
statement from the Board Of Excise 10 the effect that
William Churchill, OF kingsbridRe road, made appca
ton on November "a for license 10 sell ale aud beer
and had his receipt; that Joseph Moore. OF Kings
bridge road flea an application on November rs Tor
license aud had his receipt; that George Simmons APP
plied December license to sell liquors, be
drunk tns,premises aud had his receipt for $50,
and that James Thompson applied December for a
license and obtained his receipt for SIS.
THE RECoRDERS JUDGMENT.
Recorder Hackett, in delivering judgment, said =
The afdavits which have bcen presented in mitiga-
vince me ought to postpone the sentence upon Sim
mons, McCunrcy, Thompson. Churchill and Moore Tor
reason that they in good faith deposited moneys
with the Excise Comm ssioners their respective
applications Tor license, which the Commissioners re.
ing ~ selling ana were right SO to believe by the
acIion OF sworn officials Every day that this
money was withheld from these men ~ the
the wrong which tho Commissioners have suDstan-
TALLY done these men. will, therefore, discharge
Cole induces TO refuse to entertain his plea oil
guilty and 10 allow him 10 withdraw it. II his afada-
and ought to be acquitted. But Cummings and Nolan
offered particular mitigation except ignorance
which Of course no excuse 1ot the 81 Of
upon these men, who lived in the extreme suburbs
severe penalty, and SO make them scaOcroats,
who ~nS' wifully DEFY the law ana for whom
exemplary punishment should BE- reserved and
direct hne Of $40 each. ana the usual commitment
in default OF prompt payment | have every conn
! from my long cquaintance with you and known 6
you TO have lived so long In the district from when
character s and standing You come into tnis court
and advocate them good men, and 1 am therefore
impressed with your statement. Simmons, Thompson,
McCanrey, Churchill ana Moore are. repeat, dis
| charged on their own recognizances. EXIT
LATE INFORMATION.
A. the conclusion OF tho Recorders remarks, which
received with evident Signs Of qualification by
those In court, exJudge ,ulve counsel tor the Soci-
| In almost brssIhless state, ana sald:-- NJ M.
"Y0ur Honor, why, these men have gone on selling
with their eyes vide open. The society repre-
Recorder Hackett--Do you charge these men with
having committed PERJURY We have had here the
| sworn aftidavils OF these men.
Ex Judge Cuver-But. Your Honor, have infor-
nation that
have You sensible and old enough TO know inas
your Information may be all wrong, while, on the
| other side here the sworn afidavitA
| Ex.Judge Culver--rhey have ex parIs afndavisa
| Recorder Hackett-WeI, II they have sworn falsely
they can be indicted for perjury.
The accused and the officers OF the society then left
the court, zach party. however, IN very opposite
| frame OF mind.
/ EXCISE COMMISSIONERS
There was meeting OF the Board Of Excise Com.
misoners yesterday and The number Of applicants for
licenses was unusually small II was ascerta'ned At
| lev prominent sources OF Information by HgRALp
reporter, that the matter OF the proposed alteration
and MODIFICATION Of tho EXCISE law, alter being tally
dennlte form. Il would appear that many Of
those having q large pscanisry interest In
intelligent view OF the situation accept as icregone
conclusion that modification can be had which VIII
authorize the Keeping and maintaining places Of the
character OF corner barrooms and bucket shops MOI
II be expected that any change will be effected IN
regard sales OF liquor beer on Sunday, or 70 The
law to seli-v.s., from one until nvs O'Clock A. N.
Among OF dealers nrst alluded 70 the desire
seems be render the trade Is reputable ~ posi-
bic In the eyes the community, anu BY . wiling.
10 reasonabie regulations 10 conduct
ing business obtain general public iavor aod dsarn
Argumentalivc weapons 4a e. t1E
| THE GRAND JURY PROCEEDINGS
Abiding TO the letter written by Oliver Cottcr TO
President Morton, OF the Board oi Excise aud pub
lished in the hGRALD OF yesterday, Mr.. William II.
| Mundy, counsel for the Law and order League last
evening said :-"I am at loss UNDERSTAND DRIFT
oil It, II Mr. Cotter refers 10 the State League say
ing that that organization mao made no snor. 20 Sc
! why, that 1 believe 10 be true. But ~ hs
includes the City League, then don't think tho In.
ferencss drawn FROM his letter would be strictly
correct shat association having given me discretion
airy authority In tho premises Certain 1t Is that the
| Grand Jury has the matter under serious consdefa
| ton, and on Monday two additional Witnesses we're
summone ed before that body to testify. These were
Frederick hollander proprietor OF the saloon In The
| basement Of the Stats Zetttng building and T. O.
Chds clerk 10 The Board Of Excise. Now case has
been reported 10 me IN which y 70 set iorIh that tho
| Board oil Excise, nee the decision oil the Court d
| Appeals, has granted MOTEL license 10 q
person keeping small eight feet BY tsn feet liquor
store Indeed, my said there was not room
tor three hunks the place. How true this may
be know not; but II tnd It TO be fact shall bt
compelled, obedience Instructions rom The Crane
! Jury, W lay the matter before thsm." t s4ssX
In regard 10 four OF the persons VINO were yesterday
arragned before Recorder Hacke for violation Of ths
EXCISE law Comm sonsr Morton informed the writs
that Churchill and Moore had applied Tor beet
ncen scs on November "a and November 70
respectively. Simmons applied for storskeeper's
license on Monday last, as did also Inomp
son on the same day for hotel license All fou
have yet to file their surcies before their application
can 90 acted upon, a. the Board cannot, Of course
grant llcopse until this lormality has been compiled
with. In view oil this Mr. Morton, for himself aud hi
associate Commissioners, disciaimed any uelay OF
their part In the matter.