The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-09-07
EXIT THE BEVERAGE.

A NEW POINT RAISED IN AN ExCIsG CASE
THE LAwYEls PUZZLED.
| Whisksydom, the courts aud Howard Crosby circles
were In state OF lively commotlor yesterday alter
noon put there by the OF the discovery
OF new 'point"in the great excise muddls. by th 0
ingenious wit Of Judge D,tenhOeier-a point which +,
II sustained. wall quash about i've hundred indict-
msnts nudity all that the total abstinence people
doing and make liquor US tree a. air throughout tho
entire metropolis
/ Briefly the story runs ss follows: -Audrsw Early
obtained license 10 dispense refreshing liquids to
his fellow men on terms Of common agreement, aud
SO far as no could. supplied tho Aforesaid in quanti
ties II not In qualities, TO the iastidious
| taste and the most moderate purse. Being OF .
benevolent cast Of character Early sold liquor late,
10 late, IN tact, that his SATURDAY into Sunday at
which time the evil eye OF unrlcndly officer Tell
upon him, likewise his club and the subsequent order
| OF arrest
Tho District Attorney, having the fear Of Law
before hs mild blue eyes, caused tue Grand Jury to
indict Andrew, who Was no longer II merry Andrew,
bsspg his com plant against him the familiar sec.
ton Fl Of tho much abused law OF 1857 That section
is very clear to unbiased mind, ugh lawyers
and clients, courts and grand juries continually
hghtng about and begging that II be Construed.
II has been construed often that the average lawyer
saw no loophoe from It, and, as rule, ADVISED his
Client 10 call ut the legal captains Office and settle
iNcREDuLoUs EARLY
Not SO Judge Dittcuhseier. Calling on his client
Early IN the morning. he SAID. "Andrew, cheer up. my
lad, Tor have found new point"
"what are you giving me?" impolitoiy querIed
Early"
Together they went 10 the Court Of General SEES.
sious. On tee bench, With shaggy har ind head aud
eyebrows grim, sat the Nestor oil the courts udge
JOSIAH Sutherland, who, much as he Then knew about
the law, now knows more Fauitlessy atIred In neat
Jerseys, with patent pumps, white cravat siivery
locks aud lace red with tho Saratoga sun sai Dis.
! trct Attorney Phelps. Al his side was "Dan" Roi.
Inns, rogufsh eye twinEiina IN anticipation Of the
! sevs',y wan winch HE Honor would settle Mr. De.
tendant E'riy's little game. All the regulars were
! there anu y great crowd witnesses as we'll a.
nursing mother III Tue .qadies' box. with supero
pair oi twins that would aaorn the best baby show
\ the world saw.
rhe awful hour arrived, and Andrew Early was
called 10 the bar
THE POINT, tax POINT, sisl
Before any ons-Juigc, District Attorney or crleP
babies not inoiuaed. og they cried ali the me)
say word Judge Ditsnnoeier poniely requested the
Court TO quash the Indictment tho ground OF its
disasresment with the law In other words, abe In
dciment accused Andrew Eary OF selling liquor on
sunday and that Is ALL
We'll, well; 60 on, said the Judge.
''rhe law Is very explicit Let me read H.. IL pro-
vdes that no inn. tavern hotel keeper or DINER
any Intoxicating liquors or vines on SUNDAY. as q
| beverage Now this Indictment simply AYERS that
April, 1875 to one Moses s. Msexsr but i, does no.
alic2e that ne sold Il as v beverage" WAX
The Judge looked wisely IRON benen 10 the bar
aud the bar looked solcn.niy back again
| Jnlke Dmenhooisr wiped his glAsses. borrowed
saz.d ~ each other With dsigh. Kln,znS so,ascnsd
INC ood oil h's nose as II In thought Tue District
torney's curly white mead and "paD Rollins curry
brown head bumped together for . low moments, and
then an adjournment Of the case was secured until
| Tue Importance Of this newly discovered In
| felicity IN The law. II sustained, cannot well
! be ovsrsstimated. ASIDE from TIE embarrass.
snd the demoraissuon Of Onver Co..sr ana ri:
workers, aud tns ree anordsa the District Attorneys
Office Ia removing not lar from i've hundred ipdict-
men,s nom The pigeon holes IN M cnlsi CLERKS
desk the ELECTS, political social wili very great
Political because wrath OF the liquor dealers was
certain TO DO invoked asaus, Mr. Phelps II he should
DO candidate GU Top OF 500 liquor con vctions and
toc,ai because the Immedists eject viii be- TO opes
1000 Or 1000 baTrooms Tor the sunday inspeoloa OF
men who wish their gin cocktails, eye openers ana
ages"
| Al tho adjourn mont Of Court there was general
congrauiaIioa OIL Judge Dissrhoeicr discovery
| OF u point DO neat aud AN argument no strong
| this point will hold y,
noia,nx Inc phrassoogy 10 explicit and no torture
| eau twist u out OF JONI"
| "Whsn did you discover uf'i
Last night mad Early's papers In my pocket, and
chancng TO gisnce ut The Indictment invoiu ntary
ssut the discrepancy flashed upon me- and a. ter tuai
Saw clearly the doorway through winch the whole
|
sight aud no Que had ever tumbicd TO II be lore"
mot even Dr. Crosbyfn
mo, Tor II he had he wouldn't have opposed us SO
last winter We were ANXIOUS TO have the lag
amended, but be and all his we'll salis-
he'd with II that We could get nothing done. They
thought perfection; now they'll 6s the nrst to ask
| \ change"
'.Ii the Court sustains IT."
at mast, II must. lnere's no getting clear OF itu
eli tbs Court sustainS It what will be tho material
| rssuiisp
''F,rs the indctmeut asains. Early FALLS and then
How will IL affect liquor dealers who are licensed ?"
lit gives them en- nee 10 sell liquor. wine &C. on
sunday. hut not as beverage
AS mcdicineY"
DISTINCTION WITH A DIFFERENCE
''Certainy suppose you 20 Into b4rroom aud
Yoo tell him you need 10 for The stomach acne That
settles H. He smiles aud you snIie Or you are
going away suddenly ana wish bottle OF whiskey Tor
your nerves. You OBTAIN 10 4 nsrvinc You aro
OF order IN your liver. The Doctor suggests gin
as menicine. You can get H.
Gan a. he procured ior domestic purposes Y"
brandy burned GU ior--gst It. IL IL no longer A
beverage but iood. Duo lv burn coffee ditto for
sauces otto ior anything or body Just SO long
"B1t, alter ali, Judge, Is not this simply eva
sion ~
My dear SIR, we all Know that the present
good laws. We tr,od TO get them
ana were prevented ny ianatica THIS bad lsw
was passed and you mus hot censurs the parties
Affected " they seek Ia all possible ways evade H.
Iiceussd and unrestricted selling, aud do my
clients. Tha: ~ Nil wc ask. and just such cxps-
retcos ~ this Will do much 10 bslp yet ono. "
Tue liquor dealers wefc IN grsat gles over the new
point" last evcIing. Tue temperance agitators arc
gloomy over tue prsscat Situation, but hopeiui Tor
the futuro
LONG ISLAND LIQUOR WAR