The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1897-10-15
FALL COURT OPENED.
Chief Justice Magic Charges Grand
Jury on Illegal Liquor Selling.

Crowded Court Room Witnesses the
Swearing of the Grand Jury and Hears
the Judges Charge Concerning the
Several Methods of 1 legal Liquor Selling
-stenographic Report of the Address
Court News and List of Causes for the
Term.
The Court room was well crowded on
Tuesday morning for the opening of the
fall term of the Morris County Court.
Besides the usual interest in Court af-
fairs there was no small curiosity mani
fest owing fo recent rumors and an
nouncements to certain special evidence
was to be brought before the Grand Jury
concerning the violation of the liquor
license laws. Members of the Grand
Jury responded to their names and were
sworn in as follows:
Frederick Nishwitz, Passaic, Foreman;
Guido, C. Hinchman, Randolph; Eslie
B. Dawson, Boonton; Peter V. Salmon,
Boonton; Henry P. Drake, Chester;
Harry d. Mead, Hanover; Andrew l..
Cobb, Hanover; Dennis M. Duffie, Jeffer-
son; William H. Hibler, Morristown;
Stephen A. Guerin, Morristown; The
ophilus Bockoven, Mendham; Richard
II. Stevens, Mt. Olive; William H. Com
ley, Pequannoe; Peter A. Cook, Pequan-
noe; Frank F. Apgar, Randolph; Sam
uel Crook, Rockaway; James E. FIGHTER,
Rockaway; Richard ]. Chaplin, Rox-
bury: John T. Naughright, Washing
ton; William T. Brown, Chatham: John
H. Schmidt, Chatham.
Addressing the Grand Jury Justice
Magic recited his charge as follows:
Gentlemen Of the Grand Jury:
Information before us justifes us in
saying that although your duties may be
somewhat protracted by reason of a
number of complaints, bosh against those
found in the county jail and those out on
bail, it is gratifying to note that there is
no case of criminal homicide among them
and no case of such Importance as re-
quires any special charge from the court
But it has come to the knowledge of the
court that evidence will be laid before
you that refers to offences committed by
persons who are neither in Jail or out on
bail, there being no complaints against
them. Should such evidence be offered
you, gentlemen, it will be your duty to
receive it, to examine it and investigate
the case to which it refers, although the
parties presenting the evidence have not
resorted to the usual course of making
complaint against persons supposed to be
guilty of criminal offences.
That alleged evidence relates to crimes
against the policy of this state respecting
the sale of intoxicating liquors. For a
period anterior to the time when New
Jersey became state and continuing to
this time it has been deemed the public
policy of this state to endeavor to control
and regulate the sale of intoxicating
liquors. The theory of the law is not
that the use or sale of Intoxicating
| liquors is in itself crime but that their
indescriminate use and their indescrimi-
nate sale increases public evils, which
justifes the public in regulating and
controlling the traffic. That this law is
the best or right or not is matter of no
consequence to us here. We are officers
of this court, sworn to administer the
law as it stands on the statute books, and
you will only do your duty by examin-
ing these cases, as any others, with refer
ence to the policy of the law.
1t is sufficiently called to our attention
that the mode in which the State en-
deayors to regulate this traffic is by pro-
hibiting its sale at certain times and by
certain classes of persons. In the first
place the law prohibits absolute the sale
of intoxicating liquors on the first day of
the week commonly called Sunday. In
the next place it prohibits the sale of in
toxicating liquors in all cases, unless the
person selling has a license, except in re-
spect to two classes of persons: one class
is composed of those who sell such
liquors by the quantity greater than five
gallons and the other class is of druggists
or pharmacists, who are, however, re-
strlcted to selling in particular way
and under particular circumstances.
They must sell for medicinal purposes
under prescription of a reputable ply
sician and they must not allow the liquor
/ to be drunk on the premises.
The regulation of this traffic otherwise
is by means of licenses, and the state
| law provides three kinds of licenses. One
class is composed of those who sell
liquors in quantities from one quart to
five gallons, the law throwing certain
regulations about them, which, however,
will refer to later. Another class is
composed of those who sell all kinds of
Intoxicating liquors, but only by small
measure, or those quantities under one
quart. These restrictions apply to those
licensed to keep inns or taverns. Ano-
other class is of those licensed to sell beer
or wine, and not ardent spirits such as
whiskey. gin, etc., and limited to this
class of liquors,
Now the mode in which the state un-
dertakes to enforce these regulations is
by declaring that a violation of these
regulations is a criminal act and tits as
sumed by the law that the penalties en-
forcible upon the commission of this
crime when properly administered by
4 the officers of justice, acting through the
court and you gentlemen as the Grand
\ Jury will prohibit and control this sale;
that is, prohibit the illegal selling and
control the legal selling.
/ now propose to give you the various
modes in which crime may be com.
/ mited respecting this sale. Under the
law under which we live the following
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