The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-17
OUR EXCISEMEN INDICTED.
EI7zPATRICK AND KOCH PLEAD NOT
GUILTF-MEAKIM ABSENT.

The Excise Commissioners had an I'M
pleasant time OF II Yesterday. That lie, two OF
them had. President Alexander Meakim re-
Gently went to Florida for his health and pos
slbly didn't hear the news. The three Com
missioners in the first place, were indicted by
the Grand Jury for msdemeanor in that they
omitted to act upon complaints preferred by
members OF the City reform Club against
saloon keepers. who kept their saloons open
last election day. Agents and members OF the
club busted themselves on that day In looking
I'D saloons that were open. and drank In them.
COMPLAINTS were preferred to the Excise Com
missioners against nearly one hundred saloon
keepers. In some few instances licences were
revoked in moro the complaints were dis
missed. but as to great number OF the COM
plants the Excise Board did nothing decisive.
1t Is alleged that In many cases, While a de-
cision was pending. the license expired ana
30 no penalty could be imposed. The CLUB
applied to Judge Barrett in April for man.
damus to compel the Commissioners to decide
the case Of John g. Schenplein. saloon keeper.
OF 1923 Third avenue in which the last hearing
was had in February. Judge Barrett granted
the mandamus on April H. and on April 10 the
Commissioners met and decided. by the votes
Of Commissioners Edward 7. Fitzpatrick and
Joseph Koch. not to revoke the license. on the
ground that they we're not satisfied that Schen-
plein had violated the law. President Meakim
voted to revoke.
The mandamus had not the desired effect OF
stirring up the Commissioners to decide other
cases in which they had reserved their find
ings. So the club. through its President. r. W.
g. Yelling and its Secretary. G.. W. Miller,
went 20 the April Grand Jury OF the General
Sessions. The Grand Jury heard the Excise
Commissioners also and dismissed the COM
plant.
AS soon as the Grand Jury for May was
sworn In, the City Reform Club renewed its
complaint. Many members OF the club testi-
fed. They gave evidence in each OF the forty
seven cases OF alleged violation OF the excise
law in keeping open on election day that are
still undetermined by the Commissioners.
Yelling said that in some instances the Com
missioners revoked the license when the evil
dence was overwhelming, but straightway
granted renewal to some member OF the for
mer licensees family. They also required proof
OF measurement with a tape line of the dis
TANGO between the saloon complained OF and
the nearest polling place, and then frequently
ignored this exact measurement
YESTERDAY the Gssad SurS b9
Foreman Fosdick, who has been foreman OF
the Grand Jury Of this county Gftsner than any
Judge Fitzgerald three indictments for misde-
meanor against Excise Commissioners Martin.
X,
he gave 10 CLERK Hall forty seven indictments
Tor violating the Excise law by selling liquor
within quarter tdn q da1 R aaans the
saloon keepers in whose cases the Excise Com
sioners have reserved their decision.
notification OF Indictment to be sent at once to
tho Excise Commissioners and to the forty
The Indictments against the Commissioners
are drawn under section l54 Of the Penal Code.
which says:
trust employment every Willul omission 60 perform
made for the punishment OF such delinquency is pun
iShable US a misdemeanor
The punishment upon conviction under this
section. may be imprisonment In the peni-
indictments charge the Excise Commissioners
instances. to wit In the cases OF William TAFT
Of 42$ East Tenth street 5ohn J. Schen plein Of
Shorty after i O'clock Commissioners Koch
and Fitzpatrick entered the General Sessions
building surrounded by an enthusiastic follow
ing of ATTACHES OF the Excise Board. Commits
sioner Koch was excited. and Commissioner
They walked up and down the corridor outside
OF Part ]: OF the General Sessions. ard were SO
loud In their denunciRtions of their indictment
that Judge Fitzgerald. who was engaged In try
ing case. sent out court ofilcor to stop the
noise Soon afterward the Commissioners en-;
Sessions and seated themselves upon sofa
within the bar. Commissioner Koch continued
to talk in 50 loud tone that Judge Fitzgerald
raped with his gavel for quiet. Tho noise was
resumed within II few minutes and Judge Fitz-
gerald told a court officer TO tell the Commits
court room or he would have to retire.
Soon q aiterward eI ~ ponohge and Ed
Commissioners Koch and Fitzpatrick. entered
the Commissioners were formally arraigned at
the bar Commifsioaer Koch. whose excite
bar with both hands His face was flushed and
MS eyes had an apGry CLEAN Clerk Hall for
ddy S 9be 10 rv t tnes had
and asked them how they pleaded. guilty or
-" We plead not guilty. with leave to substi-
tuie another plea after We have read the In
dictment" said Lawyer Johnson.
the District Attorney was willing that the two
commissioners should be paroled in the GUS
Toy 81 their counsel until to day; or such
otther ,lne as might be arranged Tor the giving
",As far as am concerned" exclaimed Com
no privileges. want to be tried right here. 1
want TO he tried now. | don't wish to be
patI93lsed. demand trial and an immediate
, You e cannot have an immediate trial, said
Judge Judge titnGerRld. because the Court is on
SR Of fhs Dsist At}oT aSaG Mean sff o
don't want TO be paroled." again exclaim-
90 Commissioner Koch; :" want to be tried
Mr. johnson INTERRUPTED Mr. Koch. and said
that he desired to have the same plea entered
as TO both OF the defendants. He made this re-
quest formally IN behalf OF Commissioners Fitz-
patrick. lest It might be supposed that his plea
vas entered only as to Commissoner Koch.
EX-Judge Donohue said that he would like to
have the defendants paroied in the custody OF
their counsel until they could give bail to-day.
don't want to be paroled." interected
Commissioner Koch again; Il want to stay
Judge Fitzgerald raped Commissioner Koch
into comparative quiet with his Gayel. and
then fixed bail at $1,000 in each case. The
Commissioners were taken down TO Bond
Clerk MGGee's desk in the District Attorneys
oillce. There Commissioner Koch renewed his
vehement characterization OF the, Indictment
aud arrest OF his associate and himself as an
outrage. Just then Assistant District Attorney
Lindsay, who has charge OF the Grand Jury's
Investigations. passed through tho office Com
missioner Koch raised the. forefnGor OF his
right hand aoit. and. pointing directly at Mr..
Lindsay. said
This is your work. You have done It at
last. These complaints were thrown out by
previous Grand Jury. and You had them taken
up again, hope you aro satisfied"
A aftnTWnrd GOmmislionAr Knah