New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-16
HEARING IN MIR. DIXON'S CASE
COMMISSIONER KOCH ON THE RACK.


ms LAWYER OBJECTS TO ALMOST EVERY CUES
TION AND JUSTICE GRADY SUsTAINS HIM.
The libel case OF Excise Commissioner Koch against
the Rev. Thomas Dixon jr., came up for n hearing
before Justice Grady in the Jefferson Market Police
Court yesterday. Commissioner Koch. accompanied by
his counsel A. H. lIummel, In court early, but
II was almost noon before Mr. Dixon came In. With
bin HIS brother the Rev. Mr.. Dixon, Ct Brooklyn
and Messrs. Abney, Ross g. Colby his counsel. The
opened by Colonel Abney, who asked II the
messengers from the County Clerks Office the Gen
cral Sessions and the Mayors Office present.
The messengers were there, with books and papers
which Colonel Abney said would be used In the de-
fence. The original complaint, sworn to by Com
missioner Koch week ago, and which contained copy
Of the alleged libcllous sermon, handed to Mr..
IIummel, but as he had no questions TO ask Colonel
Abney prepared to crosscxamine the Commissioners.
Commissioner Koch said he had acquaintance
with Mr.. Dixon. In response to Colonel Abney's In
qures as to what political offices he had held Com
missioner Koch said he had been clerk In the supreme
Court, school trustee, dock commissioner, Sen
ator and Excise Commissioner.
"What political parties have you belonged to and
Of what political organization you a member at
prescnti' asked Colonel Abney.
Mr. Ilummel objected to the question. Colonel
Abney said that the question relevant, the ser
mon preached by Mr.. Dixon attack
political organization, and that Mr.. Koch only
mentioned incidentally in the discourse The Objec-
ton sustained. so were the questions as 10
whether Commissioner Koch was member OF
Tammany Hall. Colonel Abney then produced the
oath of office taken by Commissioner Koch when no
was first appointed an Excise Commissioner and ais)
the record showing IN whose place the Commissioner
had been appointed. The paper and book put
in evidence.
Continuing the crJss-examDatiOn, Colonel Abney
asked Commissioner Koch II r. W. e. yelling Ind not
made complaint to the Board Of Excise that liquor
seller named John Ct. Scheuplen had sold liquor within
quarter OF n mile Of Dolngp place on Election Day,
and II 1t not true that the Board had refused to
render decision in the until compelled TO do
by mandamus proceedings.
Commissioner Koch replied that a number Of com
plalnc, had been made to Mr. yelling. lie did not re-
member any case, but thought that the decision In
schcuplcn's given before the mandamus pro-
Cccdngs.
A batch OF afdavits from the County Clerks
Office. produced, and Commissioner Koch
asked II they not the original afhavits In the
mandamns proceedings. The question objected
to and Colonel Abney said that he wished TO show
that the Supreme Court and the Court OF General Ses
sions had sustained tho alleged libel preached by his
client
Reading that section Of the sermon In which Mr..
Dixon spoke OF Commissioner Koch the biggest
scoundrel Of them ALL Mr. IIumme said that II there
anything IN the ai.havits wlior Colonel ADney
would withdraw the question: and at the same time
reminded Colonel Abney that he was not trying Com
missioner Koch, but was defending Mr.. Dixon.
Justice Grady sustained the objection
The cross-examinaton WIS continued by Colonel
Abncy questioning the Commissioner about the In
dctmcnts found against the Board OF Excise. Tho
counsel for the defence went into all the details OF
the indictments. Finally the opinion OF Justice
Ingraham sustaining the demurrer to the indictments
WINS taken Of the box containing the papers from
the Court OF General Sessions. In his opinion Justice
Ingrlhnm says that he regrets that, accounting to the
law, he Is compelled 10 sustain the demurrer.
Colonel Abucy Offered the opinion as evidence at the
same time cmaridng that his client In aSichlng
Commissioner Koch, had simply followed o,h tho
opnicn Of the justice
Mr. Hummcl objected To the opinion, and TN arg,
ment followed, Colonel tbney, Mr.. Ilummel and
Justice Grady quoting sections OF the Code bearing
Tho opinion was excluded. and Colonel Abncy
then tried to put In evidence an editorial from az
Offering the editorial evidence, Colonel Abney said
Gle. Mr.. Dixon had only followed In the steps
Of s peESP ,S mos, n.cn,, detooo ever neor
said Mr.. funnel when he objected to the editorial
Justice Grady excluded the article, and called the
which recently appeared In newspaper in which the
justice was charged with having outlined the de
." did not contradict the article said Mr.. Grady.
Sn, II the Rev Mr Dixon or any other Ss sponSDs
"a sermon on IL, might call him to account for it,
After recess Of half an hour, Colonel Abney con-
siimcd an hour In summing up for the defence.
after which he moved for the dismissal OF the com
plant, the gOund that the statement said 10 be
"A libel was true and published with good motives
and with justifabe ends, and that the publication
was excused because IL was honestly made in the
belief of It's truth and upon reasonable grounds for
the belief.
Justice Grady denied the motion 10 dismiss the
first grounds. and withheld his decision the suconi
grounds until Monday.