New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-25
THE EXCISE LAW VICTORY.
POLICE AUTHORITIES PLEASED BY THE
sALOON-KEEPERS' SURRENDER
WHAT THE AcTINo-cHIEr INTENDS TO DO TO.
pAY-soME IMPORTANT DECISIONS IN


THE COURTS
To-day is expected to be an extremely dry Sun
hav partly in consequence OF the acton OF the
rxc,se Committee OF the Wine Beer and LIQUOR
n.alers Association in deciding that saloons owned
nv members OF the association shall be closed
,he first day Of .he week. Acting Chief Of Polce
onIn Yesterday expressed his qualification with this
action, and said;
THAT is the sensible thing for them to do. II
they had taken my advice two months ago they
,ouh have spared then selves lots Of trouble In
S,v,dual liouor-dealers have called me from time
a time and wanted TO know when the police would
LAT I'D assured them that there would be let
-, al all and they could just well have taken my
word then. Now they have been forced to come to
terms and l guess they regret the experience they
have had
Notwithstanding the statements that the members
~ the Wine. Beer and Liquor Dealers Association
have resolved to close up Sundays. We shall keep
the saloons under surveillance. OF course II all the
..loon-keepers who members Of the association
.hut their places up tight Sundays It will make the
work OF the police so much easier and we shall be
.he 10 pay attention to the saloons owned by
,sr.ons who do not belong to the association and
who may try 10 do business But we shall bring
,,sn, IN line too. / have said since started
IN the crusade against the Sunday saloon that the
,ouor-dealers would in the end be compelled 10
comny with the law. 1t has been a hard fight ana
want TO say that the police have done we'll !
have made the usual preparations for enforcing the
rxcise law tomorrow and you may depend upon 1t
that II IL going he still drer tomorrow than i
vas las, Sunday or the Sunday before l shall have
more men out and citizens we'll. TO get evidence
DO not intend relax my efforts one iota. We
hsve list OF places that were suspected OF doing
,rsness last Sunday, and these will be specially
watched"
police commissioners Grant and Andrews also ex-
,-essed tier satisfaction with the course OF the
f,opor Dealers Association. and said that by this
had rafS a1
.s-d 20 a more liberal Sunday Excise law. Both
commissioners declared that they were in favor OF
local option.
RULING on PROOF IN EXCISE CASES.
Judge Beekman. Of the Supreme Court. has de-
nea the application Of Augustus Elder. who was
convicted before Recorder Goff OF violating the
Excise laws on Sunday. July Is. and sentenced 10
IMPRISONMENT for thirty days In the penitentiary,
Gov certificate OF reasonable doubt. pending an
appeal TO the General Term Of the Supreme Court
Elder keeps a saloon at Fifty-thirdst. and Ninth
ave II proved on the trial that there were
three glasses the bar containing some liquid re-
sembling beer. for which money was paid. Elder
was behind the bar. 1t contended by Fred
erick House who appeared for the accused man
that because the officers could not swear from taste
or smell but only from sight. that the liquid In
question beer there was defect OF proof. for
which Elder should have been acquitted.
Judge Beekman says: There is no such stringent
r,ls OF evidence as this II Is not the policy Of the
law TO defeat its ends by requiring In the
prosecution OF offenders against H. grade OF proof
SO rarely obtainab,e that convictions would become
pproots in the case to which have referred were
Supplemented by other evidence which strongly
tended TO show that the defendant was serving one
OF the prohibited liquids"
MULLINss CERTIFICATE OF DOUBT
certificate OF reasonable doubt has been granted
bv Judge Beekman of the Supreme Court in the
case Of Dennis Mullins. who convicted in the
Court OF General Sessions Of violations OF the ex
else laws IN keeping open his place on Sunday and
selling liquor Mullins fined $3.50. and sen
fenced TO Imprisonment for thirty days. His con-
,iction was based upon the evidence on which his
barkeepers were convicted. and proof of their con
von %s gSares On Goblet aS ft his
for the certificate insisted that the proof of the
Snnerv introduced in evidence on the trial Of Mul
Tins and that the evidence was insufficient 10 sup
rrertiacate and fixes the bail at 81 900. upon whic,
Mullins will be release pehohg one aR S S,nrarn
Court
A QUESTION OF ISSUING WARRANTS.
CITY Magistrate Kudch in the Yorkville Polic
Court yesterday handed down an elaborate de
cis,on in the case Of John J. Hughes charged Will
violation Of the Excise law at No. 'sS Ihirn-ave
bv selling on Sunday. August IS The decision
T. therefore conclude that the People are ar he en-
titled 10 warrants against the employers OF par
Keepers who have heretofore been brought befor
this and hayf Dot OUT 9ee o s that my
sions variance with those 1l sU U1rnost IN,
rortance that dehnltive ruling on the dispute ~ e
points be obtained from the higher courts' 80 III"
here may be harmony in our DECISIONS
ro,,,,1rrrn ON A CHARGE OF PERJURY.
Franklin p Kuntz. a mulatto. the police sloo
,,reon who was charged by a saloonkeeper Gar
-. - cot, with periury waived examination l
yorkvle Police Court YESTERDAY. a an Goo h.v