New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-04
WHAT WAS IN THE CLASSES
TIE CONVICTION OF A SALOONKEEPER
SET ASIDE.
xrRE SUSPICION OF POLICE OFFICER HELD BY
THE COURT OF APPEALS TO BE INSULT
GENT EvIDENCE-oTHER CASES

THE COURT OF APPEALS TO BE INSULT
GENT EvIDENCE-oTliER CASES
DECIDED YESTERDAY.
Albany. March S.-The Court Of Appeals to-day
affirmed the decision Of the General Term revers-
ing conviction in the case Of the People appellant
act. James owens. a New-York sloonkeeper. who
was convicted Of violating the excise law. in that
he exposed for sale at No. $50 Eighth-ave., New
York City, on Sunday, June 80 last, intoxicating
liquors
The opinion in the case was written by Judge
OBrien and all the judges concurred. Tho only
testimony given by John Taylor. policeman
who on the Sunday in question found the defend
ants door locked and entered the place through
window. Owens behind the bar with his apron
on and three other were in front OF the par
None Of them sworn. Two glasses containing
a small quantity OF liquor were on the bar, but the
officer unable to state what 1t was. and IL was
not described as to color otherwise. so as TO en-
able the Court 10 make any finding as 10 us char-
acter. SO far appears. the witness saw hothi'is
delivered TO any and one drinking Inc
burden Of proof upon the prosecution and The
renera rule ia criminal is that where the evil
dence is circumstantial. the facts shown must not
only be consistent with and point 10 the quit OF the
defendant but must be inconsistent with MS lhho-
cence
The only proof in this case, says Judge o brien
consisted in the appearance which the policeman
obssrvad after he entered the saloon. 1t was a
matter of pure conjecture whether the small amount
OF LIQUID in the glasses upon the bar was ln'oAi-
eating or Of such character as is PROMPTED ro'"
sale by the statute. Judge OBrien says Inc
facts and circumstances proved in support OF 'Iie
charge were suspicious. but suspicion is not PROOF.
The court affirmed the judgment OF conviction ana
sentence Of death of Carl FeigenbauIn, who muir
Gered Juliana hoffman. widow, at NO o44 East
sixth-st., New-York. on Friday. August 81 1874
The appeal was from a Judgment Of the Court OF
,csvU hn
pe!lant to death. rendered November 3. 1894, by
Recorder Smyth. Application will now be made by
the condemned mans counsel 10 Governor Morton
FOR the appointment Of committee TO lnqure INFO
edged his guilt. but say that their client IS OF I'M
Tho Court all of the judges concurrng' affirmed
the order of the General Term, which reversed for
sessions of New-York rendered against Caroline
Kraft on a verdict of mansla ughter first degree in
that she caused the death OF Bertha Kern. by per-
forming a criminal operation on her.
The following other decisions were handed down
Joseph H. Sulzbacher against j. Cawthra & Co..
Limited. appellant. order affirmed, with costs, on
Oliver n Arkenburgh agains; Robert H. Aiken
bgrg apPea 5d Order wo ad Sea
Peacn Raroad CSmPa escb Raroad COM
pany Judgment affirmed with costs.
The Auliman & TAYLOR COMPANY appellant app .a.,s
Charles W Buch9olz appsan' .a against Ssw
York, Lake Erie and western ftdlTvdu NOHiPn.s
Mary Menneilley. apr ellant. against Employers
Liability Assurance Corporation, Limited. Judg-
ment reversed new trial granted costs 10 Aoiue
event.
Ferdinand W. Geiler. appellant. against Frederick
" Iittleheld and another Judgment reversed new
trial granted, costs abide the final award OF
The Hanover National Bank, Of New-York
against American Dock and Trust Company, ap
reliant Judgment affirmed and Judgment aDso-
Lutte ordered against defendant, with costs
Washington Belt and another. appellant against
American Central Insurance Company. judgment
and order. reversed. new trial granted costs 10
The Court OF Appeals calendar for tomorrow Isl
Nos 4j3 459 los AIS 402, 4l4. $50 and 46l