The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-30
DIR. HUGH KlNM0NTII'S TRIAL
THE CfSE THlV MS ENER"TSED As
BtRY PiRk'S RESIDENTS.


The trial Of DR.. Hugh $. Kiunouth, in
di,tcd for alleged violation Of the Prohibitory
law in kshury Park by selling intoxicating
LIQUORS In hi. drug store WIS concluded vcster-
day hy the disagreement of the jury. who nrc
sgid Ia have been nearly equally divided. Tho
court room was crowded throughout the trial
which occupied the greater part of two days
Jam,- A. bradley. the founder Of Ashury Park,
upon whose complaint the Indictment WAS nh
tanned. had three lawyers insisting the prosccu-
t.r. s. nutor Hcckman and Mcssrs. Nrod'nnurg
and Stout. Dr. kinmonth was defended by
M.ssrs. 1laglt lu1eitine and Stout The pro-
ccrdincs were characi 'r9'd lv a cool deal OF
ucerhi;y OF feeling throughout.
William Iuuloy. young man in the employ
Of Frank Warner ana insurance agent. sworc
that he got liquor from DR.. Kinmoh'hs store
for his employer soy raj tmos. Warner corr
r1luratcd this. lut admitted that he had been
patient Of DR.. Elnmanth's.
Jacob r. Borden. night wat'hman. got
drinks about a dozen times I'm two years. some
81 them in the mornings after being ont all
night until ono day Steve tho clork. TOLL him
he would hnvcio shut down. He. too. had boon
patient Of Dr. Kinmunth. and is employed by
/ tho Asnury Park Commissioners. of whom Mr..
Bradley H. one.
Ellen Gorman who resides about milo from
Asbury Park hnd got pint OF liquor several
times in two years by representing that it WIS
| for medical purposes. Her husband was ON
| piov,d Nv Mi. Bradley
| Charles Inlay q grocer. once. after being out
| in n storm, got some Liquor. Hul two or throc
| other times got some for medical purposes.
pr hlnmHpth was H. imPlnly lnysiginn, ,os,.
J Ter. GOT some liquor from DR.. kiumouth's store
( to ruh tli" haly- head with and ior other rur-
driuking man. hui liked the taste ol It. and did
! tlk,.u nj - what h. goi for the baby.
| John ApplrEat" fell iu the pond while getting
/ fee. amt KIT some arpl' whisky AMI CAYENNE
! pepper To keep from taking cold. lie also got
| som" when his wife had % fever.
| T. ward Braunen WAS suui"ct to ki lney dis
cus". aud eot Kin on DR.. kinm.nth's orders.
! JoAu German was feeling lt.i' sore in the
chest from WORKING out doors. IA the sea air.
| and got "a little VIII Soy several tIm,- hy saying
me- needed IL. lh" last time WHEN he Doctor
asked him il Il wac for medical purruscs, ho
replied, An. thin. Doethcr. why no,?' aud he
James Comrt1n. another workman ~ Nr.
! klnnonth's several times and paid Tor II. and
W,sloy Mooney d HdGi 10. bought alcohol for
his tn"r. who drirNed it, he said IL. too.
| worked inr Mr.. bradley.
! tur" &c valrrlm aud other componom~. Ito
| stfaight"n htm inter spree; hu, the Doctor al
! WAYS refused % lct him tipple there.
| Charles J.. Rowland. a hotel clerk. sent his
boy ilr brandy Tor Il sick guest and got II with
,ov.ra' other witnesses were ca'lel. Int most
/ ~ ttrW lui got liquor upon pres rll %;
The railroad freight agent was Ntrod ne n
| witness to provo nr. knmouth's couslgu'nnnts
| of wniskey from New lork. bui Judge Malling
! rulcd him our. Aicr proving ty County Clerk
trrowsmith thnt Dr. hiumon'h had No license.
An argument arose at this point on the States
( Insisting ihgt thr word PRESCRIPTION means
the written DIRECTIONS ot phySi ian. which WAS
/ mHlu'1lu"d hv Mr. Nr"denhurgh and con. hate 4
/ y Nr hau..tinc whose view. that the dr'r-
prevail -. The point was important. To-, aus.
the srciai prohimtory staiul" cNropis th"Ncnd.
physi ian. After further argument Ivy the
same gentlemen the State overruied the defend
pr Fnmonth produced his liplona from tho
| New InrS tnlleg- and SAID he went T. A-bury
| Park in 1872 To- prl, tise, and there being no
drug store within five or six miles. he was
forced 10 establish one. IL practice had grown
until his prescriptions amounted ioah,ui 10000
in the last two years aud he had attended about
700 families n year In That time. He kept liquor
| Ms he kept other medicines and administered
| il in ike manner for the treatment Of
disease To the best 81 his knoweigc
| be had not. m the two years covered 10y the m
dictmcpt. sold ardent spirits 70 my one except
his clerks, blth verbally and Ia writing. no 20 dp
So. Mr Bradry's Am iavt upon which be was
I 'hr Doctor WAS Nominated for County roc
/ holder aud a." Time of TIE election.
9dir H"uini rri4i,,d To- ALLOW me de'fndP}p1t
ground nffrr he had been asked who MIR. Rrad-
| .tN Wus. ana Srn",4r H.'Alnnh i1i lu"trCt 'l
| bad made Asrury Park wLnt IL il hofuv" there
/ wore any drug ''rs. AMI Con. HNEh' hr-l r.
rod mat Ae Was me Hut rat of Astury Park.
IT." testimony Of TIE vai .ous witnesses who
sad they hat Iro urri NquNr IN lr. KIN
iAun1'- store WIS then rryi. wed by tie Doctor.
and he CAV, ,VlHt Do r,.. ted pf fia airtuni-
-'gu'c, of each case. frank r. Warner. the
rc,l estate agent. for example. hud q l'w fever
/ and rrnmout0ry syuIt nus 90 heart dIs"u-o.
"a TACT which ia" ID 1ctor had concealed rom hum
from pru l"ntni motives viii" ~ e'rh.ng
for him nud 'nat Dee would hoy nlus. ticw
Several "a Dr.. klumonth drug clerks follow
hahii 20 follow his Instruct ions not o. s" liquor.
except uuon hi- orders They gave two or three
eAcrpuoaal instances where they deemed the
the defence oucrcdto produce large mum
Der 81 witnesses who had been refused lguur.
20 show that such was pr. hinmouih habit.
But JUDGE Wailing rurd Tint that could only
be- shown by the witnesses who Ind already adj
mlued getting LIQUOR from the drug store.
Hat "a score Of old residents OF the vicinity
were then called to prove that DR.. kinmontA :
~ md III, Stit" INF ~, ncitI.r Nj Ers5i,iv
nor any other witness To- rebut his testimony
Pr serui"t lnnnin- % ned the summing W
the subject. H. said the inllrtmrn; WAS based
first ON the special stat ute imp sing fine ~ sju
for selling IN Ashury Park or Otean Grove eX-
crpt upon physician pres rip'l1n ~ So
/ ouily. upon the luw AZ defined by Chief Justice
icasiry. holding continued nnd hauitua viola
lions o. constitute the keeping Of disor3erly
Mr. Haz,ltine. following for Dr. Kinmonth.
pointed ont tho ridiculous character 81 tho
claim that the meaning Of the word pres'rlp-
ton was connned 20 the written directions 81
Aphysician. and otherwise discussed the law
! bearing on the subject.
! Cen. Haght. on the same side. said II must
| have shocked the Court and jury when the OPP
/ llsitc counsel held Mp one II the peculiar dond-
! uI0n which Mr.. Bradley soils his A-Nury Park
J !ots. and showed that each one contains a pro-
/ vision That IN case the purchaser soils run uu
! tho premises. the land rcvertS 80 Mr.. Bradley
/ DR.. KIM outh p property Wis now The finest it
Ashury PdrG. and no doubt Mr. Bradley would
Gag riy hall MS conviction NJ evidence 81 ui-
right o. sciz" upon ~" fruits ot his toll tn,
General discussed the evidence. and argued
tlut oven upon the States own showing. the
Instances where liquor had been Elt without q
prescription were too few tn argue 70 c0uiiuun
or habtua selling within the meaning OF m,
law.
senator Bcckman closed Tor the State. HC
pointed out that only this little corner Of Mon
mouth County had been reserved for those who
desired To take their families in summer whrr,
they would not come In contact with the tip
piers and gamblers and fast ucoplr who fire.
uurut other summer resorts. Under this sys
tenn Aslury Park and Ocean Grove had iarsur
passed Long Branch in the relative value al
it, property and its general prosperity In hi.
oulniou. ono good hotel wherc liquor is sol,
under proper restrictions is worth half q
dozen Constubles IN maintaining order Ia
"A community. The law requires then
70 entertain tue public, and in. re-
turn gives thom the MONOPOLY 81 IN,
sal" of liquor. But drug-stOrr uuplng is ruin
ing them; and If SUCH cases as dds which h,
considered Ia luVp lupu uflplV IrtNpl a ha 3