The evening world., 1891-03-30
LAST EDITION.
AT BAR AT LAST.
The Excise Commissioners Trial Begun
Before Recorder Smyth To-Day.
They UnsuccessfuIIy Attempt to
Gain Further Delay.
The Commissioners are Indicted for
Malfeasance In Omce.

Excise Commissioners Meakinn, Fitzgerald
aud Koch, indicted for malfeasance in ONCE.
were called for trial before Recorder smyth in
Part Ill, Court OF General Sessions, this
morning.
Inc case Is one OF great public interest, and
attracted an immense crowd to the courtroom,
including many men OF prominence interested
In reform movements.
Conspicuous among them was Elbrldge T.
Gerry, who occupied seat on the bench.
The prosecution Is the ou.growth OF move
ment Instituted by the City Reform Club.
Thc Commissioners were indicted May IS,
1890, for refusing to act upon complaints
brought before them By the Reform Club
against certain saloon Keepers who violated
the law in keeping open on election day in the
Vicinity OF polling places.
The specific charge In the case on trial ID
that the Commissioners failed to take action
upon the charges AGAINST Henry Ahrens, of
25S Avenue 4, who also has other saloons, said
to have been open OIL Election Day, 1883;
Hugh walice, 423 East Tenth street. and
John q. schenEleIn. of 22s Third avenue.
The case has been called several times but
postponed on one preiext or another District
Attorney Nicoll, however, W en- he took charge
of his once. decided TO oppose all further de-
lay and dispose of tie matter at the earliest
possible moment.
This morning when ex-Judge Dittenhoefer
asked for separate trial for Presldent Mea-
Kin. which would have Involved flrther delay,
Mr.. Nlcoll's assistant, Henry b. b. Staper,
who is conducting the prosecution, objected
vigorously.
Ex-Judge Dittennoefer based his motion on
the ground that the actions OF each
member OF the Board were iniepen-
dent; each votes separately, and acts for
himself; peither controls the other, and that
| therefore they should not be tried for joint
act
! Recorder Smyth was about to postpone tho
case TO give the attorneys time to prepare an
aff1davit as to the facts when Mr.. Stapler said
he agreed with his learned friend, out did not
think his ground sufficient for q separate trial
Recorder smyth's opinion co,nclIed with
his aud ne ordered the trial TO go on.
The defendants are represented by the fol-
lowing distinguished counsel: EX-Judge Dit
tenhoeier, Mr.. Johnson. of HoadlI, Lauker-
bach L Johnson: Richard New COME aud tx
Judge Edward Brown.
Charles h. Bennam, OF COG West One Hun
dred and Twenty-hTst street, was accepted as
the nrsi juror.
James u. Ferguson, of fremont. a printer,
was the second.
Charles Hem, fruit dealer IN Fulton Mar
+;et, took the third seat in The box.
After n while Mr.. Stapler reconsidered, and
peIemptorily chall nged Mr.. Hem.
After several tiesmen hal been challenged
and excused, Elliott h. Whiting, wall paper
manufacturer, at 427 West Thirty-nrst street,
was accepted by Dotn sides aud sworn as the
third juror.
Robert A. Westcott President of the West
cot's Express Company, was the trst tales
man examined who had heard Of the CITY Re-
form club.
Commissioners Meakim and Fitzgerald &C
cepted Mr. Westcott, but MIR. Koch oojected 10
him. His chaIlens se was overtuled