The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-03
THE EXCISE LAW.

MOTION TO ADMIT EUsrACE AND CosGDovE TO
DAIL PENDING THEIR APPEAL FROM THE
EEcoEDEEs SENTENCE.
Counsel Tor Richard Eustace and John Cosgrovc. the
two liquor dealers convicted before Recorder Hackctt
for violating tho Excise law severely sentenced,
applied to Judge Daniels yesterday TO havc the
prisoners admitted to bail pending an appeal to the
Supreme Court their behalf II will be remembered
that they pleaded guilty, and that the Recorder, re-
marking thar IL was time TO enforce tho law, sen.
fenced Eustace TO pay $3.50 and so to jail for sixty
days, aud Cosgrove to pay sl25 and undergo
thirty days imprisonment. They are now
IN custody OF the sheriff. Ex-Judge Often
hoefer and Mr.. Peter Mitchell arguing yesterday
for the prisoners, claimed nrst that the Court OF
General Sessions IN which the sentence had been pro-
nounced had no Jurisdiction in the The prison
had been charged with violating the general exciso
law OF 1861 Counsel commended that that law had
been-so far as II related to tho city OF New York
repealed by the Legislatures or 1870 aud 1873 Au-
thores were quoted by counsel 10 prove that acts OF
Legislature be construed according TO the inton
ton oil the body by which they were enacted, and II
was undoubtedly the intention OF the Legislature OF
1873 repeal tho old law SO lar as Related 10 this
county. IL might DO rciorted that Mossrs Eustace
and Cosgrove mad pleaded guilty to a violation OF
that Law. True, but no act Of theirs could change
tie law. There was. infsnort no CRIME and no
having jurisdiction, and therefore no loyal SEN
did not fairly understand their position when they
pleaded guilty. They supposed they were admitting
merely technical offence. AMI thar the matter would
be held allegiance until the excise muddc should be
cleurcd up. Tho sentence was regarded as very
verc ana mad been INFLICTED not as punishment Tor
tho particular violation OF the law 10 which thoy
pleaded guilty, but account OF statements made 10
The Court by agents Tor .ho society Of which Dr..
Crosby rs president, charging Thorn with former yio-
la,ions OF the aw.
Judge Daniels will decide to-day whether liquor
dealers shall be bailcd.
TIE COMMISSIONERS AND THE NEW LAW.
A HERALD reporter called the onice OF the Excise
Board yesterday afternoon TO ascertain the views Of
the COMMISSIONERS the subject OF tho proposed
Excise law The reporter found Messrs. Morton and
Patterson in the oce and questioned them about the
law. They both said that they had not read the law
and could give opinion on the subject They
reporter to the chief clerk but he also had
not law and seemed to be very little DESTROYS
OF giving Information.
Tho Office was remarkably Quot, considering the
OF business that has been uone during the past
low weeks Very lew visitors wore In attendance and
but little business Was bong transacted. The Com
missioners Of Accounts arc st busy with their work
oil examining the books ana there signs that tho
Investigation Will soon be conc uded.
Numerous delegations yesterday watcd upon
Mayor Ely for tho purpose OF vOcang tho claims OF
particular candidates Tor the position OF Excise Com
missioner IL is definitely settled that the Mayor will
prefer charges against tho Excise Board 1t
stands The only place to be flied Immediately Is
that made vacant by the deiacation of owen Murphy.