The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-25
TEMPTING MEN TO DO WRONG.
A Judge Refusing TO sanction the Use of Spies
In the Detection OF Crine.

NORWICH, Conn. Feb. 2i-An important
case that effectually decides what are lustina-
BILE means in the detection and prosecution OF
transgressors Of the No License law of New
London County was terminated in the City
Court OF this city to-day. Since the passage OF
the no license measure in November last. nearly
100 liquor dealers have been prosecuted in this
city. One case. that OF Thomas Cummings.
tried last December for the sale OF hop beer
was decided against the defendant. State Chem
ist silliman OF New Haven. s. Dana Hayes Of
Massachusetts. and many influential brewers Of
Boston and other cities. testified for and
against the proposition that the beer was in
toxicating. The trial OF Cummings was made
test case. and after the decision all the other
cases were appealed to the March term OF The
Superior Court. Since that time many OF the
largest liquor dealers have been rearrested.
found guilty and fined more heavily than be-
fore. All OF these cases were appealed.
The Rev. Hugh Montgomery Of the Central
Methodist Church OF this city has been the
most vigilant and active prosecutor OF the
liquor dealers. He has employed men to lurk
about the windows and entrances OF suspected
barrooms. who on the slightest PRESUMPTION
OF guilt against the dealers, have brought the
charge Of =" a place where 1t is reputed liquors
are sold" and in the majority OF cases have
secured conviction. OF late II has become so
difficult TO the dealers TO carry on ne tranic
the numerous pockets OF their coats, and sold
only to men who were known 10 be Trustworthy
or TO persons not residents OF tho town, To
reach such dealers Montgomery recently hired
VIM. A. Butler OF Lebanon. district rural
town. to approach the suspected parties.
Butler bought liquor OF two dealers Tom
Keep and Patrick Moriarty, and straightway
had them arrested. Their trial consumed all OF
Saturday and n portion Of to-day. Butler testl-
fed that Montgomery gave him ~ Tor his SER
vices and Mr.. Montgomery admitted tho Tact, as
serting that the money was paid TO cover But
| ler's expenses. The case hinged on the ques-
| ton whether 1t is legitimate 10 commit one
| crime. that OF soliciting man to break the law,
| in view Of possible greater good to be effected
| by furnishing him. City Attorney Ripley AS
sorted that such a system OF espionage Is neces-
| sary. and is everywhere employed in the detec-
| tion OF different crimes. Counsellor Shields for
| the defence arragned Montgomery and his
| spies as equal criminals with the dealers who
| broke the law. There was great excitement
| during the lawyers plea, the sympathies OF the
| crowded court room being maniiesty with tho
| defendants.
The address Of Judge Kellogg took strong
| ground against the use by any one OF what he
| termed immoral means in the detection and
| suppression OF crime. | shall tolerate no such
| means" the Judge said. and shall not sanction
| them by the conviction Of any one who is appre-
| hended in that way"
| The defendants were acquitted. Tho decision
| Of Judge Kellogg has created general conster-
| nation among the temperance folks who say
| that now there is no hope for the conviction Of
| any one. The liquor dealers are Iubllant.