The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1839-06-25
THE MAssAoHusET, L,csN.E LAw.-Much

T. r HE MASSACHU SETA 8 LiCEroE LAW.-Much
excitement has been created in Boston, of late,
in consequence OF the License Law. Amongst
the numerous cases brought before the Police
for Infringement of this law, none have caused
greater interest than that Of Geo. G. Jacobs, who
was arragned for selling liquors without license.
We copy the following proceeding Of the last
day o his trial from the Atlas ofJune II:
This morning, Justice Simmons delivered the
opinion OF the Court upon the question raised
by Mr. Hallett, in the case Of George G. Jacobs,
convicted of selling spiruous liquors, in less
quantity than fifteen gallons, without license,
The principal question, as the public are alrea-
dy aware, was, whether the Court have power
to enforce the payment of fines, incurred under
the present license law, by Imprisonment.
The opinion the Court Hwas written out at
much length, and occupied about half an hour
in the delivery. We have been politely favored
Ivy Judge Simmons, with the privilege of copy
ing the manuscript, but have not room for
the document entire today
The substance OF the opinion was this. The
Court had no doubt about the power N con,n;t
They agreed with Mr. Halett in position that
there is no special power to imprison oiven in
the statute of 1888, either by thai statute ar ,he
47th chapter Of the Revised Statutes hnt thew
were clearly OF opinion that they Possessed his
power undera general principle ofiaw, and by
the common practice OF Courts, which had new.
nxNor
they believed was a so recognized by Inference
in the Revised Statutes, in numerous instances.
provision having been made for certain proceeJ
ings, when this power had been exercised.
The Court therefore directed the Clerk to de-
clare, that Geo. G. Jacobs, convicted of n v;,Io.
ton of the license law, and sentenced to nav n
fine of $40 and cost, having refused TO INV the
sum, stand committed until this sentence he
complied with, or until released by process of
law.
The number of persons collected IN cour, ST.
and about the Court House, was as large ma on
any former occasion during the PROGRESSES of the
case, but the people appeared less excited. and
less disposed to create a disturbance
The hour for the long expected riot had now
arrived, The coach in which it was supposed
that Mr. Jacobs would be carried to IaiI stood at
do ri path way had been male bv ,be
officers from the Court House to the cnrr;ooe
The City Marshal, and the High SHERIFF y,era
seen busting about, upon the steps OF the Conrt
House, and in the open space in the crowd rThe
crowd cmmDered upon the fences, and carriages
and omnbuses, and appeared at every wipIow
and upon the house tops. Expectation was ON
tiptoe. The driver mounted his boy NH ,ooh
the reins in hand. The eagerness of ,ba crowd
increased. There was very little excitement. 'ex
cept the excitement eager curiosity. and no
noise of confusion. a moment more elonsed
but still the prisoner did not appear The c;,y
Marshal then came out and placed small I'm
die in the coach Tie steps were foLJeJ -, he
the door was closed, and the empty concb drove
on! "A teW ialht cheers announced its depart
ure, and all was over! Two thousand neonie
looked at each other and laughed! Thev r rUI
the idea in moment. Ii was n trne w.
trick. The coach, and the show of force IN frnn,
of the Court House, was mere gull. While
they had been patiently watching Tor their ,r.n
ut one END or the Court House, he had zone oni.
eily out. oy another door in the rear, and was no
doubt lodged in Leverett street Jail The 800.
soon SDread and the aSseu,hlad $500
dispersed. .e 'N"
Mr. Jacohs reinuined in prison but short
lime. His fine anG the cost ofprosecution. were
Fpau by friend, and he was immednteIv set
at liberty We understand that it is his inten-
ton to bring an action against the Justices of
fohce Court, for false imprisonment, fixing the
damages at $4,000, for The purpose of further tcs
ting the question of the right to imprison in such
cases. as w. g"E
We learn, also, from good authority, that a
bout one hundred men, properly armed with
clubs aud watch hooks, were placed i'm the
basement of the Court House on this occasion.
under the direction of the Sherffs, ready to as.
sist the Police, in of necessity, in arresting
any riotous or dsorderly persons. Fortunate
ly their assistance was not needed; but had thew
been called into action we havo no doubt they
would have proved highly serviceable We can.
not but commend the good sense and judiciols
care OF the Sheriff, in preparing such force to
support the law, rather than by resorting to the
dreadful alternative of military power.
HoRRID AFFAIR. On the 18th of November
MI Luxe Shredder, who resided in The rear of
i73, Chrystic street, flute maker hy trade left
this city for st Louis Mo-, on business relative
TO some land owned by him in that place. He
ief' his wife in possession of his premises, Two
lower rooms OF me house, the upper part of
which was occupied by gentleman's family
named Buckhorn. - --- '''''
About the middle ofMay the outer door of
Mrs Sbroeder's premises were forced omen bv
some person unknown, and n valuable gold
witch stolen from her bedroom.
Yesterday morning the people above stairs
had their attention arrested by the fact that Mrs
Shredder had not been seen, which was
thing unusual, as she was generally very early
riser.
About IL o'clock Mrs Buckhorn, on attempt
ing 10 open the door found that the lock