New-York tribune., 1895-08-17
MULLINS GOES TO JAIL.
THIRTY DAYS IMPRISONMENT AND $3.50
FINE THE SENTENCE.
RECORDER oorF LECTURES THE PRISONER
SEVERELY AND HOLDS HIM JUST As GUILTY

RECORDER oorr LECTURES THE PRISONER
SEVERELY AND HOLDS HIM JUST As GUILTY
AS HIS BARrENpERs.
The case OF Dennis Mullins. proprietor OF 'he
saloon at No. l42l second-sve.. who was convicted
Of excise violation In General Sessions last Tues
day. was before Recorder Goff yesterday on argu-
ment for arrest OF judgment Mullins was INC
man who had mis- transferred from Speciai 10
General Sessions John Co;ter and James "afd
were arrested for violation OF the Excise law IN
MuIlins's saloon on June 30. They were ms par
tenders They were convicted in Special sessions
and Mullins WAS af,erward convicfed for 'ne VIVA
ton committed by his barterders
When the case called yesterday 'he cou''
room was crowded with saoonkeepers.
Mr. Goldzier counsel for Mullins. opened MS case
by saying: ,
81 understood that Your Honor would permit
me 10 make n motion for stay. il Your Hohor
has made up your mind on me suo,ect uo"
wish 10 encroach on the time OF the Court win al
argument.
Recorder Con replied sharply:
"One moment, II would be n very curious
thing II should have made up my nina oeio'e
the argumen; is made That remark Is u"'""eu
for" -,
The lawyer apoloeIzed and proceeded Win
long legal argument. backed by many citations.
"I understand" he said, that the Ds'rc'-H'o'
pev said that this was to be test case
Assistant District Attorney OHare deheu 'n's.
at is a test case" the lawyer Tor Muiiis s"'u
''It involves the question as 10 whe'her "'"',
be convicted OF a crime without any proofs oi '''e
commission of the crime. In your charge you saiu
thu conviction Of the bartenders was prima la''e
evidence OF the guilt of my client What Is 10 stop
a man from going into court and piead'Ds gum.
TO a crime and thus securing the cohVict.o" "a
another man without any other PROOF IL '''''
case hodsf The rule that the Distrie.-At'o'-
nev relies on never had any existence VIII snow
hafu
posure A man can buy a carload OF goods "i'hou.
seeing them. These bartenders were con'le'eu Vi
exposure so far the records OF Genera sessions
show Now, exposure is no crime on 'he S'a'u'e
books There should be corroborave evidence 10
the conviction of the bartenders TO establish any
crime"
Assistant District Attorney O'Hare quoted the
statutes on the case. and then the Recorder an
swered the arguments of Mr. Goldzier He SAID IN
part:
Mullins wish you to an undsrs,snd that
no man can induce a bartender to vioiate me Id"
agent employed by him You are exceptionally
Counsel has made an extraordinary statement here
He said that the bartenders. Cotter and Ward,
Ssn, shoss to q their e e don't doubt
honesty. but must say that his assertion seems .
you We're the principal in the crime for you paid
Others for suffering the penay 1t is n9 not ns u5
forget the fact that others have suffered mprison-
ment for this crime You have the rignt 10
have your case transferred from Special Sessions
to this court but wish 10 say. here ana now very
distinctly. that when number Of men take such
action for the purpose of obstructing and evadng
the due administration of the law they become
guilty of criminal conspiracy; They add greater
sending you to the penitentiary. but will send you
to City Prison for thirty days and sentence you
TO pay fine of $3.50. II the hne is not paid you
will go to the penitentiary for two months
The lawyer for the defence then asked for GER
Of 10 IN max
the General Term. This was denied and Mullins
taken to the Tombs