The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-27
THE EXCISE MONEYS.


THE EXCISE MONEYS.
CoNrINuATIoN OF THE HEARING BEFORE THE
REFEREE-sEvNN NEW WITNESSES EXAM
INED.
Tho proceedings before Referee J. g. Potter, at No.
p Cortsndt street, Yesterday, in the consolidated
tons OF George w. Morton ana Jucob Patterson, J,
against tina Mayor, Aldermen and Commonalty OF
Now York, the German Exchange Bank and the Pa
emo Bank and that Of John McGrath and John BONN
faik against George w. Norton and others wore
manly confined to the examination OF Witnesses
who had paid moneys the old Board Of Excise
on application for which they unable TO
Obtain. Elk President Norton Of the now deiunct body
mentioned, punctu sliy IN attendance acting Tor
the time being his ewn counsel in the matter OF
noting down carefully the numoer Of receipt pre-
scented and also making memoranda OF occasional
swsrs elected from the claimants by counsel. The
In the afternoon thus ansrdins opportunity
liquor dealers in aud present their claims.
TAKING TESTIMONY
Eli echalkenstein presented q receipt for e75
staned by the chief clerk oil the Excise Department
AMI bearing date August 4, 1877. Having been
testified Mat ut the time he made application Tor
license no kept liquor store at No Io7 Ricgs strsst
the for which he deposited the named
he never received, any portion OF the money
been returned him; lcsass expired about
1877. On beiug examined by Burton N. Harrison,
COUNSEL LOT the piaintin whether he continued
under tne receipt the witness replied that he did not
sell liquor under u yet ne arrested . couple
oil iimsA hO further testified, IN response TO ques-
tions Ny counsel, that he continued TO DO business
nom August, 1877, 10 April, 1878, excepting an In
tsryal OF ywo weeks, during winch time store was
closed. In April 1873. Tho ~,tIsss suoCesasa IN pro-
curing . license on payment Vt anoshsr SO.
Gabriel Kopperi, on bong sworn, testined that ne
vas dong a. Ma 2l8 second street; no pro-
August o, 1877, tor s7a, no par. OF when Deen
returned to him, although be mad never received .
licenss ioa IL; IN February, 1873, ho made a
similar amount Of money; Ne had been CON-
PEELED TO close his STORE Tor three mouths owipg
his iaMurs procure license on the nsss apphcs-
ton During that witness said called
several times ~ the Exoiss Department and each
lime told that hs would he notified when a license
ready tor him; he didnt ciosr his saloon the
day got mis- receipt but continued TO business
unti II was announced tnaI the police would arrest
any person selling liquor or beer without license
this announce msnt, ne bciievsu, was made In No
vembxr, then he closed nis shop
Richard Jordan testified thai ne had made applica-
ton Tor license about week or TWO before obtain
ing tho receipt for $75 which he produced; this
dated jams Il. 1877; me license ier which he do
posted the money not granted but he saccesded
IL os,aining c, nse February 2S 1885, BY paying
aaaitional SIS Tor II. The witness, answer TO Mr.
Harrisou's qacstious, stated that he had
ness on tLs strength Of the receipt for about SIR
meutus, when his place was closed until ne mad ob
tanned . bc~nss.
TWO DAYS BEFORE xUKYHY's PLIGHT.
John Rodgers, DONG business ~ liquor dealer at
No. S20 Sxsn avenue, testified tnat the Tor S5,
ONCE on which bors-viz., juno % 1877 !;
he paid that amount on applying Tor lieenso, but
never received one; on DecsnDef - 1877. the vii.
mado a new Application, when, by the pay ment
OF $780, he secured license. This witness sale that
he hal carried busnsss from June, 1871 TO Decsm
per last without ilcsnse; wuen he $50 tor ris
license II with the understanding that no would
receive back the $40 haa nrsi deposited day
Two, bat that Two days aitsrward Owen Murphy ran
away, aud consequently the witness Is still waiting
his mouey.
August Jonas, representing the nrm Of Jonas Il
Zieg,cr restaurant keepers at No. VI Grand street.
produosd y disbouored cneck at tns Herman Elk.
change Bank ior SIS. lie icsiihcd that ms urn had
appiisa w have their license renewed about sep
,smusr /, 1sT7; they deposI,ea Tue amount named
Win the Excise Department, receiving receipt Tor
the same; no license appearing In hvs or six weeks
vhe witness Id that he told Commiss Toner phy
10 lee i'm rave q lager beer license, ne oid not
wish wail any longer; this he Obtained, paying
$50 Tor L.; ON December ~, 1877, Owen Murphy
gave Ia m tue check ON the German Exchange Bans
$75, but ne faIea 10 present II Tor payment be-
tore Aurphy absconded.
WISHED 70 KEEP MS RECEIPT
At the conclusion Of nis testimony, aud when about
TO ,~ave, Mr.. jonas appeared somewhat startled ON
aud Standing the tact that assured u
10 sae keeping tue perpexed restaurant Keeper,
wasn 'ssDs ss Isa'sS a. inc aoor 20
with WHOM he was parting company.
Thomas Mtcnei WAS doug business during the
year 1877 at No 446 West fortyseeond street. ms
place, testneG. was Conducted IN sumo RESPECTS
tho ssistiIery'. pan; on October ~, 1877,
application 10 tue Excise Department Tor a Incense,
and deposited AZ that time SIS the amount
Ia the receipt, winch he handed to the releIes
at the time no deposited the money they
told q the Excise Office that he receive
postal Mt such time as his license ready Tor
delivery; the license he never received, and wnen
the ponce made raid on tho liquor dealers he closed
store In answer 10 questions put 0y counsel no
witness te.ned that he continues 10 do business rom
Vcsober ~, 1871 TO early IN December OF tust year.
when ne eo,npsiiei to close his SALOON none OF
the money he had deposited with The Board oil EXCISE
was reunaed THIS wtnsss animated thai the Iaiurc
10 obtain Incense after he paid for ~ ruined ms
business ans entsied upon MIN loss OF ut least
S50u.
theodore Koch tss,insd that he did business as q
liquor dealer al the corner oil fftysevebth street aud
Broadway On Dccsm Jer 1871. he made appi cation
10 the 80 vi Excise Tor license, posted
SUN OF $50, tor wsich obsined a receipt, winch la
HANDED 10 tho referee no tailed 10 obtain license l"f
the mon tnen pad; he made another application 10
tue present Commissioners February II. 1875, and
obtslnsd license by paying Tor a. Hc he sold
told him ne must ''suut ny shop anu The
money Deposited BY hun In 1877 had not bees re-
funded
a Lawyers OBJECTION
Mr.. Tomlinson, counsel for George w. Merton, oh
jected 10 the testimony IN relation tho OF the
receipts licenses on The ground that II 10 imma-
terai that the parties nouluR such receipts are
Titled to Tue return OF their money by the terms o.
tho receipt, ana that u h the power OF any
Of law or equity TO give any other direction "a
tho funds than that specified agreement
In reply the rsfeiee SAID that the counsel should
have benefit OF any objection he nigh intsrpost
IN behalf Of his client or Of any liquor dealer.
Postal cards containing tho order Of the suprems
Court have been prepared Tor the purpose OF BEN,
sent 70 all tue nquor dealers In the city who de
posted money WIN tho oid Board OF Excise, witbou
sosslning liceess so ths, none hereafter plea,
ignorance Of the mode OF legal redress offered In ID
| examination before the referee The hearing VIII b
aannnned tordAE