The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-04
THE INDICTED EXCISEMEN.

TESTIMONY OF MEssRs. MORRISON AND MERKLE
IN THEIR OWN BEHALF.
At the opening of the Court of Oyer and Terminer
yesterday. udge Charles Daniels ON the bench, the
trial Of the indicted Excise Commissioners Messrs
Morrison and Merkle. was resumed. The evidence
for the prosecution having been concluded on the
previous day ex-Judge A. J. Dittenhoefer moved on
behalf OF the accused that. on the evidence as it
Stood the Court direct the jury to acqut He urged
that the functions Of the Commissioners were judi
cial in their nature that in the exercise Of such
functions they to be guided by their best judg
ment and dscreton that having exercised such they
were not cupsble even il the Court or jury should
be of opinion that they did not properly
exercise 1t in the granting OF license; that they
could not be held crlminally culpabe unless it was
acted with intent to violate the law. and of this
there no evidence presented to the jury. Judge
Daniels thought that the evidence of Captain McDon
nell the effect that he had informed Commissioner
Merkle to the premises being resort for improper
characters was sufficient authorize the submits
sion of the case 10 the Jury The motion was
therefore. denied. and Mr. John ID. Townsend pro-
coded to open the case for the defence arguing as
to the provisions of tho law. and contending that
they would be able to show not only that the COM
missioners had acted in good faith. but that the
parties licensed had in all RESPECTS complied with
the law and were entitled to be licensed.
EVIDENCE FOR THE pEPEScE.
The first witness produced for the defence
Richard J. Morrison, OF the indicted Commits
sioners He testified that in the early part of Feb
ally to mako an examination OF tho premises; both
he and DIR. Merkle were together when the inspector
of the Board was ordered to make an examnation
the examination was directed III the usual way
and he in no way interfered III tho selection
of an inspector; tho application for license
was first laid because of ON official
port that the parties had not the necessary
accom- modations for O hotel; denomination was
ordered at the solicitation OF the applicants.
who represented that Captain Mcdonnell OPP
posed them because he had spite against
them. Witness said he then visited the premises
Inn sclf nd md beds and
other furniture, which. in his judgment. complied
with tho laws the beds were all in one roo anu the
only suggestion he thought IL necessary to make
that there should be separate roonis Byrne was
stranger to him. and there was no influence brought
to bear to induce the granting of the licenses the
separation of the sleeping space into three rooms
was subsequently reported to him, and he sent an
inspector to verify it, the license then issued;
he had no recollection Captain McDonnell's
protest coming before or being discussed by
the three or dors 70 ths Sood
character OF Byrnc With the additional statement
by Mr. Morrison that ut the time OF granting OF this
license the OF business before the Commits
sioncrs very large and the accommodations for
transactng it very small mis- direct evidence closed
ON he stated that up to the time
Of granting this license he and his associates had
issued only about six hundred licenses to
keep hotels; lie did not know at the time
he visited Byrnc's place that tho eating
saloon In the basement was occupied by another
person. who was also selling liquor; he had
TO what the law required OF them. and did
not in this deem II necessary to refuse license
because the person seeking had been arrested Tor
selling liquor without ono; there had frequently
been in which licenses were granted to parties
who had made their and paid their money,
but who before the actual issue OF the license. had
been arrested by raids made At the suggestion of the
Society tor the Prevention of Crime
COMMISSIONER MERKLE's EVIDENCE.
Commissioner Merkle testified to the license
having been granted in the usual way, after due do
liberation and inspection and evidence to the
good character of tho applicants all that Captain
Mcdonnell ever said to him on the subject was that
Dyrne should not have license. without assigning
any reason relating to the character of the house;
he attached no importance to what the Captain said.
because he (wtness) knew personally that the Cap
tain knowingly permits the existence of most vile
places in his precinct.
Edward Il. Byrne. of the parties TO whom tho
license granted, testified to the enmity OF Cap
tain Mcdonnell toward him; also that no had stated
the Captains conduct to- the that he
intended to keep hotel and kept resort for bad
characters. Judges Murray and Coulter testified to
Byrncs good character, aud the Court adjourned TO
this morning.