The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-02

CHARGED WITH SELLING BEER ON SUNDAY
THE coNsTIrurIoNAL1Ty OF THE EXCISE
BOARD QUESTIONED.
Several liquor dealers and lager beer saloon keepers
wero arraianod yesterday before the Excise Commits
sioncrs complaint OF the officers aud agents Of the
Society for the Prevention OF Crme who charged the
defendants with violating the Excise law by selling
liquor Sundays. The society was represented by
Rev. Dr. Crosby, Charles Z. Giderseeve, William
Fcliot and D. J. Whitney Mr. hiIney acted as
prosecuting counsel Richard j. Morrison and DR..
MerkIe, Excise Commiss oners, were In attendance,
with their counsel, Memo DicfendorL
The first case called was that Of Fritz Jaeger. q
liquor dealer. at No $50 Third avenue, who was
charged with sorg lager beer on Sunday, Juno %.
THR boards cossrIrurIoSALiTY
Mr.. Gessner appeared counsel tor the defendant
aud objected TO the legality Of tho proceedings. as no
COPY Of tho charges had boon served upon his client
Counsel also argued that the present organization OF
tho Board Of Z Kcise Commissioners was not In ac-
cordance With the provisions OF the statute and
that therefore, Il was not legal tribunal Tho stat
ute requires that the Board should DO composed OF
three Commissioners, and as the Board now stands It
only comprises two Commissioners; therefore IL
imperfect. such Incompetent TO try tho pres
Counsel for the prosecution replied by calling the
attention of the Board TO the Laws OF 1870 chapter
I75, section g. as amended In 1873 by chapter $40,
section IL was here stated. counsel con-
tended, that the Board could legally consst OF
thrcc mcmbers, and that one Commissioner had the
right TO hear q The Board reserved Its decision,
but decided to hear the testimony and ordered The
proceedings 10 continue.
AGENTS As DETECTIVES.
A. II. Corey, an agentin the employ OF thc Society
tor the Prevention Of Crlme was the first witness.
He testified that he entered Jaegers saloon AZ Six
p N. on Sunday, june "a accompanied by q. Il.
Bovine, ulso employ Of the society; witness had
no difficulty IN gaming access 10 the promises; he
called and paid for beer Tor himself and Trend, and
supplied with II by the bartender, Charles se-
grist; the PROPRIETOR Mr. jaeger, and several othor
persons present drinking beer; wtnoss entered
MT Bovine corroboratcd tho testimony of tho FIRST
Witness attor which air. Whitney desired TO have tho
defendant sworn but tho atters counsel objected 70
his client being sworn nc that stage oil The proceed
Jugs and the objection was sustained
paper then submitted purporting 10 como
from the District Attorneys Office, stating that tho
bartender SIegrist, had been on previous occasion
arrested and put under 500 ball. Tne document was
ruled to be inadmssbie and irrelevant AT this juno
Pm.
George Massmann, proprietor Of lager beer saloon
at No. 449 Fourth avenue was next arragnod 20 an
swer u charge OF selling lager beer on Sunday juno
% HIS counsel Alfred Steckier, also objected to the
utionality oil the Court and the irregnlarity
OF the Indictment on the grounds that his client had
not been served with the charges or a copy OF tho
complaint accusing him Of violation OF ms liccnsc,
and that plant under oath had been made
against the defendant. Commissioner Morrison
ruled the objection and stated that tho opinion
OF himself and colleague that they vested with
authority to hear aud auJudcato upon the proceed
ings. SO lar tho nature OF the charges wore
cerDed Mr. Morrison said WINS alleged thnt dcponent
had sold beer ON sunday, Juno ID
A. Il. Cory then sworn. He testified that
the day specified he entered Defendants lager beer
saloon ny door. and therein drank glass Of
beer which served him by the Darkecpcr, Tor
which paid 1--WE cents; he also treated tho bar
tender; the proprietor, Mr.. Massmann, was in
room playing with two men glasses Containing
beer tho table by their sidc didnt taste the
beer winch had boon served 10 the party woo were
playing cards; 1t might have boon weiss beer lie had
around the part OF The duy trying 10 gain
liquor saloons, but only succeeded IN Two
three cases; he drank IN these places and paid for
what ne got; II about thirty -nve minutes past
eight O'Clock L. NJ whon he entered Defendants
saoon the front door closed and locked; he rang
the bell aud admitted into the hallway und thence
tho saloon by side door at the rear the side
door also closed, but not locked
Upon this testimony Nj. Whitney asked tho Court
for a revocation Of defendants license, bat was re-
minded that the motion was premature, as tho case
was not yet closed, the evidence IN Ieouttal not
having been heard
FLAT CONTRADICTIONS.
George Nassmann was then sworn. Ho testified that
he granted license TO sell beer; he had
sold beer Sunday, June 81 he had given posi-
orders his bartender TO se no beer on sundays;
no did not play cards, US alleged; no had no special
know that a complaint had been made In the case
until three days aiterwari.
Decision In the case was reserved.
OTHER rosrpoSgD.
The following cases were pat down until next Mon
day r. N. Morris Baumcl. No. 81 Bow
No. 800 wcsi Nineteenth street Anaroa Early,
sixteenth street and Eighth avenue; James McCrokau,
No. 362 seventh avenue, and Frederick w. Burns,
No. 49, " ashington street