The New York herald., 1879-12-02
INDICTED COMMISSIONERS.
THE TRIAL OF RlcHARD J. MORRISON AND
PHILIP MERKLE BEGUN IN THE COURT OF
OYER AND TERMINER n. l.t.

THE TRIAL OF RICHARD J. MORRISON AND
PHILIP MERKLE BEGUN IN THE COURT OF
OYER AND TERMINER. sH.-a al. .lt.,
Excise Commissioners Richard J. Morrison and
DR.. Philip Merkle placed trial In the Court
of Oyer and Terminer yesterday. Judge Charles
Daniels on the bench, to to IN Indictment for
violation Of the Excise law in improperly granting
license. In the court not only large number
of jurors summoned for the occasion, but also q
strong representation from the Society for tho Pre-
vention of Crime and also many friends OF the &C
cused. The prosecution represented by District
Attorney Phelps and one Of his assistants, Mr..
D. Townsend were present to guard the interests Of
the indicted Commissioners.
THE ACCUSATION.
The indictment charged that ON the 10th Of April,
1878. the Commissioners named, then acting as
majority of the Board and quorum for the pur.
pose Of transacting official business, 'wilfully un-
lawfully and corruptly issued license to Edward
F. Byrne and Edward White to keep tavern
inn at No. 10 West Houston street. corner Of Mer-
cer." This license certified that Byrne ana White
were Of good moral character. capable and had
the means to keep tavern or inn for the accommo-
dstion Of travellers; whereas" as the indictment
further charged they were not Of good moral char
acter and were not capable, nor had they the
to carry q hotel, and these facts were known to
the Commissioners when they granted the license"
Much difficulty was experienced in selecting
jury owing those called having prejudice for or
against liquor dealing and liquor dealers. being
which has been active in bringing this before
the Court or the temperance movement generally.
The leading questions put to them respecting
their impartiality were:- :-lf they belonged to the
Society tor the Prevention Of Crime had contrib
uted any money thereto; If they knew DR.. Crosby
Mr.. Whitney. and il they prejudiced against
the liquor traic, the moral character Of those en-
gagged in It,. or the credibity Of their testimony.
On these points tho opinions Of the Jury
box varied widely. but after while the following
'twelve good men and true" were selected Phillip
Boyer. Leopold 8. Fleischmsn. Cornelius L. Moore,
Andrew Martin. Patriotic Pistti William Msrgerin,
Leopold Simons Edward H. Belts, Abraham Looms,
Msgnus Benas, Horace J. Arne and Bernard Corbett.
None of the jurors liquor dealers. and ull Of them
stated that they were temperance men. II not total
abstainers. 4N ~ tE Iuf f--frTt y
OPENING PROSECUTION. ste "
After recess of hfteen minutes District Attorney
Phelps made his opening statement of the case on
tention the fact that in every in the Union
the sale of liquor regulated in some form or
another by statute. II not Tor the prosecu uton
the jury in this case to take into consideration
tho question whether law good or q
bad one, convenient tnconvenient to the
public. II law was in it's provisions Questionable
the shortest road to its repeal to enforce it,
that the people might thereby see 1t bsd law.
every ypubc officer, and the corrupt neglect of duty
in this respect charged against two officials holding
an important public position lent to the case de-
gree OF Importance aud public interest which COM
mended it to the careful attention the jury. In
this case, he said, 1t would be shown by evidence
thst the place licensed resort for disorderly
characters and vioators Of laws that the propretors
not in position and did not In good faith In
tend to keep hotel and that such facts were within
the knowledge OF the Commissioner. r.'.i
At the close OF Mr.. Phelps address an adjourn
mopy on the part Of the prosecution will be pre-
sented. I..s. ftIf .t q .IIt ffaa.Nlt