Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-07-13

them that this was an indictment to recover the
the penalty OF selling meat against the corporation
laws.
Wiliam Varick, examined-I am appointed to see
after the markeie, &c; gave warning the different
meat stores IN my district that they selling
against Inc laws; told them one week would be al
lowed them TO close up their shops; The defendant
said. "lf cannot sell my meat / cannot pay my
rsnt;" have seen him sell meat in his shop at the
corner OF kivinglon and Ridge streets saw him
ccve the money fer the same.
Cross examined am appointed to superntend
markets, and laws, and them ere things.
Question-Yeu are a butcher9
air Of extraordinary dignity; there is a committee Of
old butte hers called the butchers executive commit
tec" applicants for stands in the Rarkets are obliged
to send in petition to hen and they refer such pe
ton 10 the Common Council.
Queson-Then no can obtain stand witk
cut the good will of the " Butchers Executive Com
mttee."
Wi,ncss-Not as knows of.
formerly kept stand in the market myself
Question-Are you sure it was fresh meat Mr.
Campbell sold?
Wilness-I am certain oft.
II was wished TO be shown that this witness had
sold out his stand for a considerable sum and
above what the corporation received for it, but the
idence was deemed inadmissible.
John Triger, examlned-I am Superintendent Of
Markets; have had stand IN market myself have
known $1,000 paid for stand; the stands vary in
pnce from $500 10 $4,000; il has been the custom to
sell the market stalls for many years. formerly tell
taken, three cents for Sheep four for calf and
six cents for each sold in the markets sold stall
which purchased of the corporation: large MAORI
~ of the stands held considerably over the OH
ginal cost paid to the corporations there about
twenty-h twentyfour stands vacant; there are
very considerable number of licensed butchers more
than can be any possibility to obtain stands.
George Passenger cxamined.-l am butcher; the
stalls held at the will of the corporation; it is
very easy matter to get stall you have too three
thousand dollars to pay for it,! The stalls are drawn
for by lo the defendant Campbell drew stall in Union
market. I'M n member of the Butchers Rye
Committee; Mr.. Campbes petition for stall passed
through our hands; the object of persons being com
PEELED to send petitions to the Butchers Executive
Committee Is to determine whether the petitioners
are competent to Stay, skin and sell meat and to pre-
vent any profane people, snearers, &c from getting
stands In our markets; there are many stands empty.
Three petitions only have been presented to the
Butchers Executive Committee; in Union market
there are six stands vacant. Eighty-seren applica-
tons made fer them; purchased the good will
&C. Of the stall hold did not obtain it Of the
pOraiien.
1t was admitted that the defendant was a licensed
butcher.
The plaintiff counsel now rose, and in his defence
said" better expose Of the stupidity and unfairHees
of the laws enacted by corporations than the present.
could not have been discovered. 1t was by means
such as had been detailed before them that many
young butchers were compelled TO remain journey
men, the servants Of others, who might were for
these nqutous laws, be obtaining adequate COM
potency and independence for themselves and families
Suppose the corporation should take il into their col
|
sold excepting in place-the would be equally
| as reasonable as the ether. What do the corpora
ton say, in fact to these young men who wish 10 be-
butchers, but this, We license you as
butcher, but absolutely refuse to lei you sell meat
at all, excepting where we choose-fer which priri
lege-(nota an American citizen 8 right, mark ye-we
shall charge you f ON $500 to S3000.'"
Mr.. Blunt rose in reply: he said, ~ shall be ena-
bed to shew that this municipal law is to be found in
TheocTacy-ln Democracy-n the laws of the Eng
lsh Heptarchy-in Deueronomy-andinm many other
weighty authorities. This selling Of meat, said the
counsellor, otherwise than under the especial direc-
ton of the corporation, would lead TO dreadful evils
What fone of you (gentlemen) were to hire house,
and waking up in the morning, find butchers stand
such license permitted. In London, that boosted
city Of Liberty, every butcher is licensed. One butcher
may not even buy piece OF meat OF another. The
wholesale butcher is compelled to buy Of the obber-
| the jobber Of the grazer-and SO on. No man dare
kill any kind Of animal for food or sale within 30
many miles Of he cty-and all these regulations are
enforced under the severes penalties. think, there
| fore, we are fully entitled to a verdict.
Judge Hammond charged the jury. His honor said
"This indictment was for selling in other places
than the public markets. The first question arises il
what is public MARKET Whether there is such thing
as public market or whether by this corporation re-
guauon the whole are not turned into private mar
kes. Ii the corporation Attorney has proved that
there is such place as public market where any
one may 90 and sell his meat-then they have
proved public market; but If he has only proved
| that man can sell meat by buying n STALL price
from $500 to $4,000! then he has not establish
ed his position and the plaintiff is entitled to your
verdict unless, indeed, the corporation have the pow
or Of levying indirect lakes If they have not that
power they nay possibly be mistaken in this law,
| and have attempted TO enforce regulation 10 which
they have no just legal right. The evidence was
before the jury il was for them to decide.
The jury having retired, in about forty minutes re-
turned into court when the following curious scene
took place.
| Judge-Hsw do you find
| Juryman.-We find for the defendant
/ The Foreman.-No, we find for the plaintiff!
Juryman.-O well, for the plaintiff then Il sup.
pose IL makes difference
Another ymyman.-Suppose we go out
Another Juryman in reply.-No, let us say-wc'yc
| fonnd verdict that's sufficient.
Mr.. Blunt here said, only claim one penalty
| $50.
After some talk, the jury gave their verdict,
damages against the defendant $50
i PoLIcE, July ll-No cases worth reporting-mcre
petty larceny rogues, coat crbbers pocket book pur
loiners ham handlers &C, with the exception Of the
| foIlewing:-
One Jones, newly elected marshal was broken
| by the Mayor for the following offence -
Charles McSauev having received bad $40 bill
employed the marshal TO recover il for him, which he
/ did, receiving TO IS bills in exchange McSauley
then wished 10 remuneraie him for his trouble but the
-