New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-12-05
EXCISE COMMISSIONERS .IcQUIrrED.
FAILURE OF THE rFfoRTs or THE SOCIETY FOR
TtE PREvENrION or CEIMr.

FAILURE OF TIE TFfORTs or THE SOCIETY FOR
TIE PREVENTION or CRIME.
The trial of Excise Commissioners Merkle
and Morrison for alleged misheuieanor in improperly
issuing hotel license concluded yesterday and
suited in verdict o seqHit;a Tne excited great
interest because the menbers of the Society for the
Prevention Of Crime ndcd 10 make this test
10 determine the question whether their view OF the
Excise law of 1857 could be enforced. They have
maintained that If the spirit Of the law followed
by the Commissioners, and only such places were IL
ceused hotels were intended TO be really
used rs hotels, most of the worst grOg-shOps in
the city could be closed. II SAID that this
case furnished the most striking illustration Of the
granting of licenses tn improper places and that
viction could not he secured for licensing Byrne 4
Whites place, 1t could not in DIR. Crosby and
other prominent members Of the Society have been IN
attendance, well as many personal aud political friends
Of the Commissioners.
Prominent citizens called to the stand yesterday
10 testify the good character OF the accused officers
Ex-Mayor wickham testified that he Aad long known
Mr. Morrison md knew nothing derogatory lis char
acier Mr. Wckham said that he was a member ~ the
Society for tho Prevention OF Crime. Judge
Freedman, OF the Superior Court, Deputy Con-
trolIer stons. Judge Alker. OF the Marine Court,
Controller Kelly, and cx-Mayor Hy were called
in order, ana each testified to his high regard
for the character OF one Commissioner the other.
tx. MAYOR Ely volunteered the statement: II APP
they had not been men vi good character | suppose
their appointment was aearprise to them as they did
not apply for the offices"
The acts and appointments Of gentlemen occupying
the municipal char generally surprises, they
not 4" asked District Attorney Phelps.
Generally" murnurcd tile cx-AluyOr
eve have mad several such surprises during the past
few weeks" added Mr.. DttenhOcicf
A motion To dismiss the Gaze several grounds
made y Mr. Dttcnhocfcr lie contendrd the
dence aid show Intention on the part o tine Com
mssioners violate the law aud that. therefore, WAS
not wIlTuy done: he also urged that tue indictment
was insufficient. Justice Daniels denied the notion Mr.
DttcnhOcfcr summed up for the commissioners aud Dis
tret-AitCrney Phelps for the People. The Justice
charged jury that the two questions To be deter
mined were whether Byrnc Whites place unit
he licensed and II So, whether the Commissioners
knew n when they granted the license. To determine
these points the jurors consider whether APP
pcanIs OF good moral character. whether there
was necessity for hotel at Houston aud Mcrccr-sfs
whether Iney mad the proper accommodation travel
lers. aud inaly whether the facts IN the ne.
tuay brOu GIT 10 The knowledge ~ the Commissioners
II they found that the Commissioners wllully violated
the law ~ Improperly granting th, license they must
convict.
Tue Jury left the but many spectators re-
manned. When the jury returned aud gave verdict uf
not guilty IN the evening, many OF those who stl
present uppladded.