New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-02
EXCISE CASES IN COURT.
HOW THE NEW MAGISTRATES DEALT
WITH OFFENDERS.
THE FooD-oN-THE-s sUBTERFuGE CLOSELY
EXAMINED RY MAGISTRATE MOTT-PRESI-
DENT ROOSEVELT PLEASED WITH THE
ENFORCEMENT OF THE LAW. AND
SAYS THAT SUNDAYS MUST
GROW "DRIER AND DRIER."

SAYS THAT SUNDAYS MUST
GROW "DRlER AND DRrER."
Theodore Roosevelt, President OF the Police
Board was well pleased yesterday because OF the
reports which he had received as to the enforce
ment Of the Excise law in this city on Sunday.
When he arrived at Police Headquarters yester-
day morning he congratulated Acting Chief Con-
lin and the acting inspectors there. and said the
police must keep up the good work and make the
Sundays drier and drier until all Of the liquor
dealers In the city made to obey the law.
1T must be understood" he said that the sale
Of liquor must be stopped on Sundays In places
where the rich get their drinks as we'll as In
the lowest grogshops There must be no partial
ity In the enforcement 81 the law" To reporters
Mr. Roosevelt said:
Il did not go out to make personal observations
Of the manner in which the Law being en-
forced in the city yesterday but had my men
out during the day and evening. and they have
made reports to me- We going to keep this
up all summer. and believe that the Sunday law
can ne enforced | was sorry to hear that one OF
the new magistrates had discharged man ar
rested FOR violating the Excise law yesterday.
taking the ground that the man had the right to
sell beer with crackers and cheese. We are go
ing to test the law in every case where saloon
keeper sells liquor under pretence OF selling food
with it."
LIQUOR DEALERS WHO AIDED THE POLICE.
Mr. Roosevelt said he pleased at the action
Of many liquor-dealers who aided the police In the
enforcement Of the law on Sunday. That means.
he said that honest. law-abiding members Of
the business want to see the law enforced. II II
isn't enforced then in self-protection they have
to violate It To prevent rivals from taking their
trade from them. When convinced that there Is
square deal they Will 20 In and help enforce 1t.
regard their attitude one 81 the best signs yet
seen. 1t means that they realize-what Is fact
that we are In the business TO stay. We are going
10 enforce the law wherever IT Is violated, alike
without discrimination
Il believe that they and citizens generally will
mind the enforcement Of this law much less than
has been supposed Anyhow. we Will enforce II,
and when the Legislature meets We can then see
what notifications ought rightfully to be made
THE ACTING CHIEFS POSITION.
The police Will keep up the steady enforce
mcnt ~ the Excise law" said Acting Chef Con
lin. "ani the liquor-dealers VIII find 1t to their
| Interest 10 keep their places closed on sundays
Nearly threc-f ourths of the liquor-stores In the
city had their shades drawn up yesterday. so
that the police could look right In and see that
the stores were closed or course. We cannot COM
sundays. but | shall take the ground that
lquor-siore which has its shades drawn down
Is under suspicion on Sunday and must be
watched closely by the police am going t. hold
all OF the captains responsible for the enforce
mont of the law in their precincts
Before the Jefferson Market Police Court was
open FOR business yesterday. ex-Asscmbyman
Oliver appeared there and asked for exami-
nation in the case Of Nicholas sinnott. a walter
employed at TIE Me,ropole Hotel who vas ar
rested on Sunday afternoon for selling 10 Po-
liceman Huse Of the West Thirieth-s' s'a-
ton. a glass o. beer when serving him with
era ckers and cheese.
THE INTENT TO BE CONSIDERED.
I'm case ~ that SOFT" said Magistrate
FTammcr. the guilt all depends upon the in
tent A ho,e-keeper has the right to sell liquor.
not in his barroom on Sunday. but with food or
to guests 81 the hotel II all depends whether
tho refreshments served were really meant FOR
food or as a subterfugc for selling n man liquor"
The mex, excise case that was brought before
Magistrate Flammcr made every liquor-deaier
I'm the courtroom smile. and there were great
many liquor dealers present to see how the new
MAGISTRATE ruled in Excise cases.
Policeman Murphy. 81 the West Twentleth-st.
station. brought Alexander Henderson. Of No.
rw, charges ono Of assaulting an officer and
the other Of violating the Excise law and said:
Il tried TO get into this mans place Yesterday
afternoon T saw three people coming out with
cans I'm their hands At the side door | was met
by this man. who tried 20 throw me out OF the
place | told him was an officer. but 1t made
little difference.
SURE HE WAS ASSAULTED
Are YOU sure he assaulted you?' asked the
Magistrate.
"Of course I am" said the policeman
We'll" returned the Magistrate. Il don't think
I will hold this man. think this time | will
let him go.
MAGISTRATE Flammer then took up the charge
Of violating the Excise law.
There were three men In the place. said the
officer "and there were glasses on the bar. ana
not taste the stun. because couu not get 10 II III
time" .
think I will hold this man. He Is discharged
MAGISTRATE MOTT AND EXCISE OFFENDERS
Despite the fac, that Sunday wac dry"
number Of men arrested for violating the Excise
law found their way to Yorkville Court yesterday
morning CITY Magistrate Mott took his time in
dealing with this class Of offenders. lie manifest
ed a disposition to bring out all obtanaole Facts
In every case. He was particularly careful IN
dealing with cases, Of sales with meals III hotelS
and restaurants and questioned sharply To ascer-
tain If a legitimate meal had been served. or mere
Is A cracker and cheese sandwich as subter!uge.
When Policeman ONeil OF tn" West SiNty-
cighth-st station. arraigncd Thomas thlcrisi. Il
waiter at No 306 Columbus-ave.. for dispensing a
bottle Of beer with "A sandwich he catechised the
policeman closely az to the nature OF the food.
Why II seemed like n regular ham sandwich.
Responded o Nell
Enough for "A lunch?
"Well yes; II YOU didn't want much.
Then the defendant produced the very check
that he said had been used in the sandwich sale,
and IL stood for ten cents.
Magistrate Mott thought the case over
and then held the walter to answer The Mag
istratc addressed the prisoner az follows: