The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1898-01-28


sioners Plain Words in the Conway In
Observation-Disclosures Excuses of the Com
missioners-An Chance Given for Re-
verse Aotion-strong Protest and Appeal
20 Public Opinion
The full report Of the Citizens Com
xnittee, which was read at the meeting
Iof citizens held Tuesday evening of this
week and which is fully reported on the
first page of the CHRONICLE, is as follows:
FELLOW CITIZENS:
Your committee appointed at public meet
ing, held November 22nd, and empowered to
SA2onfer with counsel and take measures to Sc
4 lure the revocation of the license granted to
Alfred Conway. respectfully report that after
fuN and careful consultation among them
selves and with Alfred Mills, Esq, who con-
sented to aid them as counsel, and after care
full examination of the law and facts they
drew nm A petition to the Board of Excise
Commissioners for the revocation OF SAID Con
ways license.
After three prolonged hearings, at which
said Conway was represented by COUNSEL ana
L the case presented and argued on both sides
with great fulness. the Board OF Excise Com
missioners. without attempting to deny that
q they had full power under the law to act IN
b the case after having been advised by their
own counsel that they possessed sucn power,
and after they had themselves solemnly de-
clared that they possessed such power by sum
aMoning the defendant to appear IN person or
by counsel and show cause, If he had any, why
his license should not be revoked. did refuse TO
exercise the power they were advised that they
possessed and dismissed the petition and by so
doing made themselves responsible Tor the
continuation of a license which from the hrst
they professed themselves anxious to revoke.
taea a re- d ViSe1 nv counsel and
agree themselves in opinion that further legal
proceedings in the case are not advisable
The case, however. presents so many extra
ordinary features. which concern so deeply TIE
good name of our CITY, and compromise so
seriously the administration of law. that we
have decided as our best means of redress to
lay a full and plain statement of the case be-
fore you and in doing so to fall back on the
I citizens last resort of making his appeal to
the public and to public opinion.
lrr-S1Eae first question we had to decide was on
whats ground the proceedings should be
brought Your committee made no such blum
der as to suppose that misdemeanors commit
ted BY Conway under the license held by him
in the preceding year could invalidate the IL
cense given him for the present year As he
was and had been in Jail during nearly the
whole period since his present license was Civ
en-, it might be assumed that it would be diff
cult to convict him of new violations of law on
which his present license might be revoked.
A far simpler and more direct method was
suggested by the law as applied to the facts In
the case Conway was under indictment at
the very time when his license was granted by
the Board of Excise. We will not censure the
Board for not assuming the defendants guilt
in advance of trial and refusing his applica
. tion. But they were guilty Of a great error In
y refusing to hear the testimony the Citizens
Union offered,
This testimony had already been before the
Grand jury and on 1t that body had adjudged
Conway probably guilty. 1t appears. howev
er. that the Board preferred to acc 'pt Con-
ways assurance that he was not u ty. On
that evidence, rather than on an impartial ex-
animation of the case, they granted the Ii
cense.
When, however, the case came up again In
eHfsRurt and a day was fixed for trial Conway
Jack his original plea of not guilty. In
III words. he confessed judgment and was
nJptly sentenced to Imprisonment in the
Bdnty jail for three months and fine of $50,
a mild sentence for the grave crime involved
in the Indictment for keeping q disorderly
house. He is now serving out that sentence In
the County jail
To show precisely what the crimes were for
which Conway was indicted. convicted and
sentenced we make the following extract from
the bill presented by the Grand Jury to the
Court of Oyer and Terminer in this town in
October, 1897:
1.-THE Grand Inquest for the State of New
Jersey. in and for the body Of the County of
Norris, upon their oath, PRESENT, that Alfred
Conway, late of the City of Morristown in the
County of Morris aforesaid, on the first day of
October in the year of our Lord one thousand
eight hundred and ninety-six, and on divers
other days and times between that day and
the day of taking this Inquisition, with force
and arms, at the City of Morristown aforesaid,
In the County aforesaid. and within the juris-
diction of this Court. unlawfuliy did keep and
maintain certain common ill-governed and
disOrderly house; and in the said house for his
lucre and gain, certain persons, as well men as
women, of evil name and fame, and of dishon-
est conversation then and on the said other
hdays and times there unlawfully and willing
Gid cause and procure to frequent and come
1gether and the said men and women, in the
Asaid house of the said Alfred Conway, at I'M
lawful times as well in the night as in the day.
then and on the said other days and times.
there to be and remain, drinking, tipping,
fighting, QuarreIing, gambling, making noise,
whoring and misbehaving themselves unlaw
fully and wilfully did permit. and yet does
permit
To all this the said Conway retracted his
plea of not guilty and thus confessed judg
ment
This proceeding put a new aspect on the
case as 1t was related to the Excise Com
mfssioners. 1t showed that there was deceit
or in legal, phrase fraud, in the evidence on
which they had acted, and deceit or fraud
which compromised the Commissioners so
seriously as to make them responsible for
having issued license to q man who was
already under pending Indictment for viola
ton of the law and for the serious crime of
keeping disorderly house, and for having
done this on the basis of his (Conway's) own
personal improved and unexamined assertion
of innocence and for having even that slim
basis for their action swept away from their
case, by his prompt confession in court that he
had no defense to offer.
Now. fellow citizens. we believed the Excise
Commissioners to be honorable citizens, who
felt deeply the position into which this case
had involved them and the disgraceful situa-
tIon 1t had brought about in the admins
tration of law in our city. We refused any
other view of their relation to the matter.
We assumed with confidence that they would
welcome any suggestion which would enable
them to relieve themselves of the odium Of