The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-31
CAN'T HANDLE EXCISE CASES.
MAGISTRATES COMPLAIN THAT
THEY ARE roo BUSY.
West Sido Court Crowded Every Monday
Rival Liquor Dealers Associations
Make Considerable TrOuble-A separate
Court for such Gases IL suggested.

RIVAL Liquor DemIerb ASsUcAMNWhn
Make Considerable TrOuble-A Separate
Court for such Gases IL suggested
The excise prisoners on Monday mornings
have come TO be serious proposition Tor
the various city Magistrates There were
ninety-nine arrests yesterday, little be-
low the average lately, but still enough TO
fill the courts.
The Magistrates Of late have found
1t utterly impossible to dispose OF the
cases on Monday or even on the ioi-
lowing day, and 1t has become the custom
to adjourn the cases to different days
during the week. But at that, owing to
the new tactics adopted by the liquor men,
they find 1t difficult TO- finish up the cases
before the end Of their eighteen days
term in each court.
In the West Side court, which gets more
excise cases than any other, the trouble
ia due to the methods Of the prisoners and
the two associations to one OF when they
belong The politicians with pulls Tor
their constituents also add their share to
the troubles Of the Magistrates. .
Il hope l don't have to sit here again,
said one Magistrate recently. 1T is almost
nightly occurrence TO be visited by dele
CATION Of friends OF an excise prisoner,
or prominent politician: They can't
laws and that l am sworn to hold a pris-
oner when a case has been made out against
him."
More than half the excise prisoners taken
to the West Side court declare, as their
defence, that the ten or twenty men found
by the policeman in their place were mem
bers Of a club holding meeting or friends
=, c>,. achnUlarb pp-fp "a
of the club members" turn up at court OH
Monday az witnesses for the prisoner. The
court room can't hold them and they fill
the stairway and block the hall.
The average excise prisoner believes that
his case must be the first one heard, no
matter how many prisoners Tor other Of
fences are to be arraigned, The bond for
his appearance for examination later in
the week must be made out and accepted
before any other court work can be done.
Iast Monday morning there were eighty
six excise prisoners and their friends in
the West Side court.
In the Wet Forty seventh street pre-
cinct, where Capt. Dillon got into trouble
on charges OF rot keeping the saloons
closed on Sunday. there are nearly five
hundred drinking plpcsa. Usually about
twenty arrests for violations OF the excise
law are made each Sundav and early on
Monday morning.
There are two liquor dealers associa-
tions--the regulars, and what the regulars
coll the irregulars The two associations
add to the confusion iii the court room:
Each wants it's cases disposed Of first, and
should the Magistrate discharge member
of one and hold member Of the other
he is promptly accused OF prejudice.
To add to HE troubles the Magistrate has
untI1lthfrlness on both sides to contend
with. II ia seldom that the policeman con
IL AZ, CT enough add
ing little testimony to suit. The prisoner,
not TO be outdone, secures another adjourn
ment and cooks up with his friends de-
fence that fatty contradicts the police test.-
mony,
On the other hand, the policeman is fire.
ory. or frankly admits tina. :he defendant
might have been honestly n'istr ken in be-
lievinp that the officer had been served
with \ sandwich.
The Magistrates differ greatly in what
they consider violation OF the liquor
tax laws One Magistrate, for instance,
usually examines the policeman after this
fashion
an what sort of room were You served.
A rear room, back OF tho barroom. Tt
was fitted up like and was believe a din
ing room" A. .uu,
roorn2 Was it locked or unlocked?"
@Unlocked, but no one was admitted
except the waiter"
How was the barroom2 Was IL ex-
posed?"
yes, could see in from the street, 1t
was all right
when you entered did you hang up your
hat and sit at u table where meals were
servedp"
ayes"
"Discha ed
Other Magistrates, however, will spend
an hour or two on similar case, frequently
ending in holding the defendant for trial.
What we need here on the West Side, ="
said a prominent liquor dealer yesterday
as separate court for excise prisoners
with Magistrate to do nothing else. The
Judges are doing the best they can. but
with the police activity in our case the
courts are bound to be crowded