The New York herald., 1878-08-16
THE EXCISE MONEY.
FURTHER EVIDENCE TAKEN pxroRE HEyEnEr


MENrs BY POOR LIQUOR DEALERS.
The proceedings touching the excise fund now
awaiting distribution resumed before Referee J.
Potter At No. ~ Cortlandt street, yesterday The
counsel present, addition 10 Msssra Tomnson and
HARRISON were ex jacob A. Gross, represent
ing one Aundred liquor Dealers and Mr. Peter b.
Olney, who appeared In the interest OF the German
Exchange Bank uH14t t'
Inc first witness called was Mr. Casper G. Childs,
who. questions by Mr. Gross, testified az
follows:-l am cierk to the Board OF Excise and
have filed that position since April 1875; recognize
the book shown endorsed "Cash, Bcard of Exciss')
as the cash book; the entries therein commence May
l. 1877, and continue down 10 December %, 1877;
have otcn the book in the once OF the
Board OF Excise, bat have never had any
thing TO do with II; It was kept by one
of the other clerks; do not know positively
whether not any money was over returned to per-
sons depositing on making application for license,
except oy check; the general custom was to do by
check do not know OF any checks having been paid
to parties who had not deposited money with the Ex
else there is question but that the
money was paid as deposit before check was Is
sued for 1t; parties who know me have left their ro
cepts with mo TOR saiexecping; thero may be- sevcn
or eight Of receipts In my dcsk now II SO have
no claitn on them and am ready TO give them up at
any moment
PAYING IN INsTALMBNTS.
Cross-sxamined by Mr.. Harris0n-I recollect having
gvcn receipts Tor partial payments OF license fees,
and my passbook produced, will show tue dates
and amounts Of all such moneys received; how such
payments wero taken happened in this way :--Mr.
Murphy came 10 about January l3 1877, say.
ing that It hard winter and people found very
dicu 70 gel money. aud then told me that when per.
sons made application for censs and did not have the
- I
porl,on Of II from them, say $40 $50;
this no said must do unaer authority;
he also told mo to geep passbook In which enter
such partial payments; think the amount received In
thus way was about $4,000, and this turned over TO
Murphy; tho only balance OF this remaining unpaid
by Murphy is, l think, about 81, 200 and
the parties held those receipts until the Zine for
which the license was applied Tor ran ont. consider
the account balanced; Mr.. Morton said should not
lake partial payments. bat Mr.. Murphy again gave
me post ive orders 10 do SO; whenever u man nude
a partial pay ment OF, for instance $40, gave him
receipt for that amount; u no cam. agala ana paid
he came the third t,mo and paid AL he would get his
license ana then give up his reoeipls the 81 200 al
iuded 10 never accounted tor 80 the Board BY
10 Mr. Gross-No resolution was ever passed by
the Board oil Excise IN regard 10 receiving pnrt
Cross-examined by Mr.. Peter b. Olney-There
those Tor licenses: these we're deposits made BY
applicants tor licenses; Inc cash book contains all
that paid, whether The appicuns received hcensos
or not: wherever money was rounded It should ap-
pear disbursements from tho cash account; think
tue cash ontries are IN the handwriting OF Mr.
Thatcher he is not now employed ~ the Office, but
mink he could easiiJ' he iound; the payment OF
money for licenses IN advance was not adopted by
maintained in the Office by predecessors and
tiuued by the clsrk u was indorsed irsm day 70 day
by tho Commissioners; they were aware Of ~ and did
Mr.. tnilds hors submitted a memorandum book
labelled .'Instalmonss PAID on licenses" witch was
examined and then placed IN evidence. This book
shows that Owen Murphy, by anxing nis tnilIs, had
reCep.ed ior all tne paym entered tnsss;s, the
last ono beng dated November %, 1877.
THE POOR LIQUOR pKALsxn
Cross-cxsmincd by Mr.. lomiinson-My duties
were 10 Keep o correct account OF all the pro.
cccdings Of tne Board, and 10 sign all applications
ana licenses chei clerk; when Murphy said II
hard winter on the liquor Dealers he told Ine 70 get
little passbook, IaKe partial payments IRON appl-
canls, keep account OF them IN the passbook add
then hand them over 70 as as az practicable ths
upou IN the order OF date; think some OF them were
acted upon within The ten days named In tho receipt;
the smaller proportion of tho whole number
thus taken up alter thc ton days had expired licenses
were granted In some instances aud IN others refused
was for partial. payment mado application for
llcepsG: SUCH cash transactions were en- cred
other book but that on the table; Murphy s'intiais
are to every payment; do not knew what hc did
with the money lconses were never issued before The
full amount had been paid Tor ihcm; these partial
payments wero taken 10 accommodate she poorer
classes.
THE CHIEF INsPEcroR's TESTIMONY.
Oliver Il. kingsland, having been sworn, was OK
aminod by Mr. Gross, and doposed:-I am Chief In
spector ior tho Board OF Excise and havo acsed IN
ren.S a,srs. previous 10 ny being also
had charge oil that district aierward ss well a. OF
the entire Guy have seen the lorm OF receipts gwen
ior iicenses none OF such receipts Gre ever given
me ior collection; never know that any OF them
had been surrendered 10 the Board Of Excise or to
any OF It's employees; never knew OF any receipt hav-
Ing beon issued by the Board where the money had
not previously been paid IN or deposited.
10 Mr. Harrison-l made actual inspection Of places
in the Tenth drtrct where the occupants had applied
for license; had OCCASION 10 go into places Tor which
licenses mad bcen applied iOr and the applicants re-
fused.
tiou adopted, on the ground that II tondcd TO
that liquor dealers had volatct the law, no holding
that they had obtained aud paid Tor their rccspts
good faith, and consequently had right TO do busi-
ness unaer authority Of such receipts.
The witness oontlnusd:-l never went into places
until alter the occupants had made appl,oa
ton for license; when 1 made my inspection the
places we're generally In operation as Iiouor or beer
saloons; the persons who had made applIcation ior
licenses had got receipts when ! inspected their
pnces; receipts 10 the hands OF parties In somo
cases did not always demand TO see the receipts when
Inspected; the parties werc generally carrying on
business; cannot call TO mind any case whore the
party had applied tor q license and had not CON-
To M Gross-rhe oity was divided in districts ac-
cordng the policc precincts, and without any ref
receipts given by the old Board Of EXCISE pubhcy
oBJscr OF the INSPECTION
To the recree-Tne object Of the Inspection was to
ascertain the moral character OF the party applying
for license ana. at ono time, whether they nad the
facilities for Keeping a motel as the Law required.
To Mr. Iominson-Wncn parry applied tor q
license would bc furnished with the application ard
then 60 and investigate the matter; IT was my duty
to represent 10 the Board any case et parties selling
In violation OF Law did not complain to The Board
that persons violating the Excise law when
found thcm selling under tncir receipts have scch the
receipts hanging up IN barroons three or iour months
after the dac which they had been 2tvcn
To Mr. Gross--As u ruo We reported In every case
within ten days aIter tbc application had been made
and recommended either that license be given or
that tho application be rejected.
| To Mr.. Harrison--ln cases coming under my per-
sona observation II Is iact that where party made
application Tor q license the applicant opened his
place and did business without q license.
The further examination OF Witnesses was postponed
until next Tuesday.
CLEVERLY CAPIURED.