New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-03
JUDGE COMING ON EXCISE.
HEARING or CASES IN GENERAL SEES
<SIoNS.
Noir,, WAS ALLOWED TO WITHDRAW Ills FLEA
OF GUILTY. AND on TRIAL WAS
ACQUITTED

The recent criticisms Of Justice Jerome Vi tn n
Court of Special Sessions. regarding the pfac'ee VI
transferring excise cases from his court 10 Tue
Court Of General Sessions, IN order to allow oHeho-
ing iouor dealers to get OF with light INES mas hau
ne effect to focus public attention upon the ae'oh
OF those Judges of the General Sessions who are
supposed to be in sympathy with TaInmany' REQ
PIE are saying ,ha: It IL public scandal to allow
volators Of the law 10 escape severe punisheht oy
lodging from one court 10 another. and that II the
practice OF imposing light fines is continued in one
court II viii be presumptive evidence that the court
Is not geared for tho enforcement of the law.
There were eight excise cases before Judge Cow
ing Part III OF the Court OF Genera Sessions yes
terday, and they had been transferred from the
Court OF Special Sessions The prisoners In the
cases were Peter Donohue No 4l6 West Twenty
ninth-st: Michael McGrath. No. 81 East Fifty
ATHEIST: Charles Marasco. No. 2@ East Fiftieth-st
Arthur Glas,er. No. 3ol East Seventy-elghth-sI;
Dennis Gaaghei No. PA East Thirty-nih'h-st;
Thomas Hyland. No 535 Lexington-ave; Thomas
Devereaux. No. ia West Ninety-seVeh'h-SI' fmhp
Nohl No. 10 Sprng-st
The case OF Philip Nohl was first called Mr.
Solomon his counsel entered "A pea of guilty"
Judge Cowng said he " nd remand Nohl until
Friday for sentence.
Mr.. Solomon jumped up when he heard that and
said his client a widower With several children
and II would be great hardship for them II their
father sent to prison.
Mr.. Solomon asked to have the plea withdrawn
and substitute plea of not guilty but Assistant
District-Attorney O'Hare objected.
Judge Cowing first said II cannot pass on this
case now" bu, he changed his mind and said: Il
will allow you TO withdraw the plea of guilty.
Il Will not to that" exclaimed Mr..
OHare.
Il will allow it anyway" said the Judge. and
will take time to consider the and all the cir
cumstances surrounding it. don't propose to treat
these cases alike, for they are in fact not all
alike"
In the afternoon Gallagher, DevereauX and Nohl
were tried and acquitted. In the Of Nohl Po-
Mrs. Hocktin's restaurant. No 10 Grand-st on
July IL, and saw Noh serve couple al table near
by with "a bottle OF beer.
- ,Nohl went on the stand ard testified that he was
only an employe in the restaurant and worked for
80 cents day on this he supported his family or
two children He thought his employer had IL
ccnse. - -,,A.
The violation charged selling beer without a
license. g..
When the jury brought in verdict of not
guilty Assistant District Attorney O,itare saia
II don't want the frs; five men of that jury mere
any more. They cannot serve here, No, o,sc,args
them; propose have all of the panel continue on
duty. If the District-At,orney does not IKE any
the taesmen The jurors will report here to-morro"
Arthur Gaster was discharged By judge cowing
He was arrested as the proprietor OF the saloon put
IL was shown in court that he was an OUTSIDER VINO
had gone in to get drink ,s.. ,,or called
F. 4 House pleaded not guilty for him and was
told TO get his client ready for trial.
Judge Cowing said to newspaper men, VINO m
qured about the practice OF imposing ii'es Vi SNo
each in excise cases: -, D. y,
any rule laid down by Judges OF an inferior court
j will be guided by my own conscience and sense
Of duty"