The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-17

The District Attorney, Mr. Underh, followed In ad-
the jury ne Of .uSs
quired by law The trac Of liquors, he coneuded WAS
recognized business such as others which were
follow ed for the purpose Of obtaining livelihood. II is
spowed as . right, incidental right, to those who
keep accommodations for travellers, and others.
house; but as distinct business it is wholly Illicit, un
lawful and must be put down. In places whore the sale
Of liquor is prohibited have all heard Of the evasions
in to bargain This device which has been decided
Illegal by the courts whenever brought up. Now what
X there about this place but mere sham not for the
entertanmt Of Travellers but to sell rum he even
drives cart in connection with the business TO gain
livelihood. Let Us the accomuodations:-he
sleepipg room, Kitchen and q small garrett Now,
would like TO know where travellers to be entertain
cd Tho only place in the house destined for entertain
nent stairs which, 1t Ia said, was occupied BY
boy This is the only place for the accommodation OF
Coming to the stables nd that by squeez-
NV At best Gubsins makes out but three stalls one
AZ which 10 occupied by his own horse The snis
nan has not the accommodations and it seviaent tnae
tavern there is not absolutely necessary the NUMBER
Of hcenscs in the immediate vicinity, on Coumo. stee.
ia ssve while It appears there are two srog shops on
ne corner Of Amitv and Columbia streets oesdes that
kest by Cubbins In Atlantic street. is the same and
the Attorney proceeded to the averns
In the vicinity The defendant living in the immediate
ueixhborhood, must have Known that tavern there
not necessary without making particular examina
ton Of the locality appeared that 40 tavern licenses ss
Of July, when Gubbrs obtained his license. Is IL not
shame that menn public positions should act In such
manner ana think it is high time that the law should
Be indicated and blow against the opening Of
these pest houses. How could any honest man judge
that 44 taverns needed in the Sixth ward. They
were of judgment, bat wilful violations Of
law. is wilful neglect OF duty the law punishes and
did the defendant not violate the Law IA times and
think We have made out our case and that these mon
should be made TO respect the wants and rights Of the
community. 1t is Of plain facts, and any twelve
men can get their way through twithout any difficulty
whatever.
CHARGE TO THE JURY.
Juege Rockwell then delivered his charge to the jury
In commencing he alluded in terms Of disapprobaton to
the degree of i'll fhng which had been manifested by
counsel during the of the trial. and remarked
been introduced into court of justice, 1t bore
ion whatever to the The defendant, he continu-
ed indicted for the violation OF law Of the land ON
nOcent, acquitted. The indictment charges him with
viul Violation Of duty in granting tavern license to
enc William Gubbins, when he not legally author
lied to do My attention is particularly called
to this subject in consequence of remark made by q
jerymsn yesterday something like ~ every
jct for trial the courts would have enough to do Al
though do not agree with the gentleman to the
true it furnishes reason why the administration of
justice, it is lax in this respect should be tightly
drawn and strengthened for If there is offence which
merits the severest punishment it is the neglect of
public officer to do his duty. Whist is law good for If
officers not held to strict accountability And al
though am public officer myself stu say IT. that II
find any wu and culpable neglect Of duty the part
of any one coming under my authority, he shall be
punished with the utmost severity allowed by law.
. despotic government s, that the former is a
government Of laws and the latter governuen formed
according to the caprices of who governs it, This is al
tho difference and Ia therefore necessary that
those who selected execute the laws in free govern
ens should Dc ana p @ IN the
us, 1t has been correctly observed by the District At
torney, that the selling of liquor prohibited by law.
There grocers Licenses however, where liquor Is
talked but speak OF tavern licenses which PER-
mits the sale of liquor drank upon the premises The
species Of sale which prohibited cannot be carried on
unless the person la specially licensed 1t Is the policy
ofthe law that he should be licensed and it is recent
pocyt is not taught by the temperance lecturers OF
fathers Licenses shall not be granted unless under
sttictionH which there Is special rule They to
Be granted auxiliary to those who want to keep inns
Nc not principal but secondary business The
policy Of the law IL, that the Commissioners If they
< may great licenses, but the law prohibits the grant
ing Of licenses where 1t is intended principal bust
Meas There are tipplDg houses, commonly designated
grog shops which it is well known are The most CO.
pious sources of vce-they originate crime and
the ruinaon Of OF the youth Of cities than
any other source. This is nothing new everybody
tentiopal violation of his duty public officer, and
Aae every other man in the land, he is bound t.
Nm. You must start with the prs.u mpton that h.
does know the law, and you convinced that he will
fully ysats4 nen tna ne No
Keep an inn or tavern Was here proposed to keep
inn or tavern, was i to sell liquor The best ev
dence this point Is that of the himself who pro
fesses to sell liquor and drive cart for livelihood
Unless the Commissioners were convinced that the ap
pcant of good moral character (and there be
doubt of that as it has been proved that he bears
an excellent reputation0 having sufficient and the ne
cessary provisions to accommodate travellers that he
has the necessary house two beds besides those
used by the family, stable and other requisites
they had authority grant him license for the sale
fquor The applicant must actually have these
modatiens-not . mere sham-but must have them
within the plain, common meaning Of the Law.
And another thing it must be shown that tavern ia
exercised in this pirt Did the defendant intend to
exercise his authority in compliance with against the
a tavern absolutely necessary, he must be &C
quilted if not, you must convict him: There /.
the Court as regards wiful violation of the
law; the violation must be wiful you cannot CON
Wet The place licensed must not be grogshop
who might CALL but place for tho actual accomnloda
ton Of the travelling public efercd to Of The
People aet NoI ton and Others, III Barbour Now
gentlemen, it has been stated both sides that the de-
fendantis very respectable man, and there be
doubt of it, and the consequences to him. convicted
have been referred to by counsel but with all that yor
have nothing to do need not say to you that because
he II respectable he should be convicted that h
should be- acquitted on this ground. There IL no mar
the law, at least In this State 1t may for Kentucky
but not here. If he is guilty you must so pronounc,
Whatever de- you must leave that where Il properly
belongs-with the Court Whetherit is heavy lgh
punishment,or whether the Court win suspend it alto
gether to sec what steps to be taken in future yor
have nothing to do The Court only you tina
they Will deal with all high and low in such way
crush out any spirit Of resistance to law which may
ist The case in my Judgment is very important one
1t ia important to the defendant, and II Is i'm
Portant to the public No doubt you win Civ,
1t bsntting attention, and you viii give him the benef
OF any real substantial doubt; and If on the othe
hand you have none, you will pronounce your verdict
II important, If innocent, that this defendant SHOULD
be acquitted butif in your minds you have arrived Il
a fun and abiding conviction Of his guilt then he
be convicted.
The Jury retired about two clock, and In two hour
thereafter returned with verdict Of guilty.
Courge for defence moved for time to prepare bill
exceptions which granted and the Court adjourned
till Monday next.
OUT COMING TO AN AGREEMENT.
Previous to the adjournment Of the Court the jury
the Of the Farleys ed for the murder Of Joannat
Darby by poisor was sent I'M and mot having sgrset
upon verdict, discharged, and the prisoners
demanded for another trial The jury had been en-
Eged in dciberation since Tuesday evening" FIVE O'Clock
y understood that eleven for conviction, and
1or'acquittai ct least such Is the report outside.