The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-08-24
EXCISE LAW CAN'T
Be ENFORCED, SAYS
JUDGE J.. {. FOSTER
(C~oneinued from First Pa2e.)

COPIED with by expert professional de-
tectives," he said. I'm 1906 | notified
the people of Asbury Park that The
violations of excise laws in that place
must be discontinued. They paid no
attention 10 my first or other TWO warn
ings. AS u result we placed several of
them under arrest.
They pleaded guilty, waived a hear
ing and the county collected SIS, 600 in
fines. This summer there has been very
little trouble in Asbury Park, and l
think that the officials of that place are
doing remarkably well. There has rot
been a complaint filed with me from
that place.
Not Like atlantic.
Are Monmouth grand juries like
those found in Atlantic county in the
matter OF indicting?' asked Mr..
Backus.
, mo, not exactly" replied the wit
ness; but | can't get a grand jury to
indict a respectable hotel-keeper who
serves liquors with his meals on sun
day."
II disagree with you, Mr.. Prose
cutor," said Mayor Appleby. How
mar instances have the grand turies
failed to indict in a case of This kind?"
"Oh, only two or three" was the
prosecutors answer.
Has a grand jury tn Monmouth
county ever failed to bring in an in
dictment when you submitted proper
evldencef' was the next question pat
by Mr.. Appleby. who announced open
ly that he would attempt to prove that
the prosecutors previous testimony
was unfair to the Monmouth county
jurors and the people at large.
mo, II has not" replied the prosecu-
tor.
rs II, mot unfair for you, then, to
make siich astatement?" inquired Mr..
Appleby.
well, 1t has only happened two or
three tines was the reply.
did you have sufficient evidence upon
which to convict in those cases?'
mo, / did not"
.'That settles it, replied Mr.. APP
pleby, with a smile on his face. II did
not want it to go through the State
that Monmouth grand juries We're
packed"
Knew Of NO - Selling.
MIR. Backus followed Nr. A%ppleby's
examination of Prosecutor Nevius. He
asked him if he knew that liquor was
sold in Pleasure Bay. the Ross Fenton
Farm and the Spring AXE Casino IL
legally Oh Sunday.
mo. | do not" was the reply OF the
prosecutor,
what. with eighteen detectives
working? Some of them must wear
smoked glasses. / will place in your
hands evidence against all these
places"
II will be very glad to submit such
evidence before the Monmouth County
grand jury replied the prosecutor.
IT understand that you and Assistant
Prosecutor A. ]. c. Stokes have divided
the county between YOU
THAT is not the case replied the
prosecutor, my assistant has absolute
ly no restrictions placed upon his OPP
erations."
At tomorrow's session Sheriff c, Asa
Francis is expected to come from Long
Branch and to form the stellar attrac-
ton. He will be asked particularly con-
corning alleged Sunday violations in
his own town, especially at Pleasure
Bay and at Port-au-Peck,
1t has been intimated also that there
will be an investigation of many ru-
mors afloat that there are still one or
two gambling houses operating in Long
Branch.
Tuesdays quota of witnesses will
also include representatives from Bel
mar, Deal, Allenhurst, Freehold and a
number of other Monmouth County
towns.
An interesting feature of the session
will be an examination of County Pros
ecutor Nevius and Assistant Prosecutor
Stokes, whose testimony, it is pre-
dicted, will be at variance. 1t is inti-
mated that Mr.. Stokes will tell of GER
tain Instructions he is said to have re-
ceived from Mr.. Nevius regarding the
alleged limitation Of his authority in
dealing with the excise situation.
It is said that the assistant prose-
cutor, who has been directing a num-
Der of raids OF late, received instruc-
tions to conflne the work to territory
south Of Asbury Park. However this
may be, 1t Is reported he failed to do so.
1t is also said hat Mr.. Stokes was old
to keep away from Long Branch. West
End, Elberon and Deal.