Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-09-06
Court Of Common Pleas.
Before Judge Ulshoeffer

SEPTEMBER D.
SAINTS versus SINSERs.-Ed,card Barnett cs.
I'm. T. ParkU.-Mr. ii. Western stated the case
to the jury The learned gentleman said that one II
the great distinctions between this country and all
others, was the separation Of Church and State and
il was to test this important principle, which in
vovcd both the liberty Of the subject and the liberty
oil the press, that the present action broug
IL was not an attempt TO speculate on the breeches
pockets OF the defendant or his counsel, aud the
plaintiffs ought TO command the earnest atten-
ton Of both the jury and his honor on the bench.
After some further general observ atoms, the learn
ed gentleman concluded by citing the Revised Stat
utes, which prohibited travelling, etc, the first
day Of the week.
lie then cited and commented on the Corps-
ration Ordinances, chapI0, title and and the 10th
verse Of the I'd chap. Of ST. PauPs Epistle to the
Let therefore judge YOU meat or in drink or in
respect Il an hoy day, Of the noon, the Sabbath
Mr. Western then quoted the Constitution Of the
U. S and the " Bill OF Rights on the liberty Of the
press, and the rights Of citizens"
Mr.. John A. Morrell called Jeremiah Sullivan :
Examined-l know the parties TO this suit and in the
month Of January last, was engaged in selling the
Sunday Morning News. Bought the copies from the
plaintiff at the store in Ann street The first Sunday
last winter, pushed off the walk by the defend
ant, and told that the papers should not be sold
that side Of the street. Replied that had az much
right side the other, but as the defendant
persisted, we went to the plaintiff who said we had
right 10 sell them and he went along with me into
bTuahWay, 10 ueicnuaht, VINO TOOK hold OF the
plaintiff by the coat, and took him mp Broadway.
This affair took place in front Of the Astor House as
the people were going into church. I 20 to school
in the week, and give my earnings to my mother,
who is widow.
Cross examined by Mr.. Girard:
puesfion.-llow many boys were selling papers
that dayl
Anstcer.-What, at the Astor House7
Quesfion--Well, there, ana in that immediate
neghborho1dl
This question was objected to by the plainiiG-s
counsel, and MIR Girard made a speech in which be
said, the Sunday Officer did not want 10 muzzle tho
press, but simply TO regulate the boys who violated
public morals, outraged public dccency, and became
by their conduct, public nuisance which cried
aloud for suppression. All that he wanted was that
II the boys would break the law, tue iury should
persist 10 having the laws broken deccntly
Mr. Bates having replied the court said that the
must be tried according 70 the rules of law and
that he must conhnc the parties 20 The transaction
when the plaintiff was taken to the police office
Mr.. Western SAID that all he came here to csiab-
lsh was, the right TO sell the paper on a sunday
| Cross cxawination resumed he hoys were spoken
60 irst by the officer, and teld they must not sell
the paper AZ this, the boys went for MIR Barnett.
BY the Court Did not see any ladies and semitic
men stopped, but saw gentlemen without ladies';
asked hthey would buy thu Sunday Morning News.
There was ne rioing, nor any NOISE
The deposition ~ Ruh Grant who saw thc arrest
= The delrnlant, was here put ", and read THIS
testimony went ~ prove that the deiendant said I've
should take plaintiff into custody for selling Sunday
| newspapers.
Here the plaintiffs counsel rested their case.
Mr.. Girard opened th, defendants case and called
AaroR Clark, examined. knew defendant in this