New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-02
THIRD DISTRICT COURT-Beiore Judge MECH.
SUIT FOR SELLING LIQUOR 4 THE NINTH WARD wITH0U
n IlttNSf.
The Civ of New-York sgt William Wilson

ALICENsE.
The CITY of New-York agt William Wilson.
To recover penalty for selling liquor on 9TH 7th Sth
and 9Th June and for thirty days previous without Ii,
cense The case was tried before six urors-the usual
number in Ward courts. Objection made on behalf
Of the City TO Mr. Munday who has been called sitting AS
auror, he resided in the Twentieth Ward and he was
withdrawn. Various objections were set up by counsel
for defense such that the should not be tried IN
Ward Court before six jurors but in higher court, be-
Fore twelve jurors also that the Board Of Excise of the
ward having refused 10 grant licenses the defendant
fine did had right sell without license, he having
had license previous 10 lst May The various objections
oveuled and the matter settled down to the s'nge
question whether or not he had sold liquor without
kcerse.
II shown that the defendant keeps saloon and bar
room at No. 463 Hudson 81. witness named Mathews
testified to having gone to the barroom OF defendant
bought brandy and paid for ittaed it and knew to be
brandy ION the examination witness stated that he
native of Ireland. When he first here kept in
dry goods store discharged because he had pawned
some goods which were given TO him by another clerk
arrested and taken TO the Tobs; plead quilts of petit
larceny and was sent SIX months TO the penitentary am
employed by Mr. Bush as collectors wentto the barroOm
Of defendant with view ascetanng whether or he
sold liquor at suggestion of Mr. b. who gave me the mon
ey pay for what called for promised ythng
young man named Ftzhugh Smith testified to having
bought at the bsrroom of defendant shings worth of
brandy the 9Th of June, smeed it and knew to be
EQuor. ION the examiDaton this witness testified to
beng Is of belongs TO the Young Mems Ninth
Ward Temperance Association; went round with young
man named Carson Sunday 10 ascertain who sold liquor
without license did at the request of Mr. Bush some
of the young belonging TO the association visit the
different barrooEs with view to finding out whether or
not they sell liquor
The case having been concluded Mr. Russell counsel
for defence moved TO dismiss the complaint the ground
that had been shown that defendant did not have
license Mr. Haskell for plaintiff insisted that il he had
license the burden of proof rested upon him produce
IT, The Cont sustained the point.
The then given 10 the jury, the only question
for their consideration beng whether defendant HAD
cold liquor without license Ii he had then verdict must
be to that effect.
The Jury retired at o'clock, Monday afternoon. At :
m the evening they into Court asking for further
styuctons when they again retired with orders to bring
in sealed verdict yesterday morning al o'clock. They
remained in elaboration all night without having been
able 10 agree and the Court opening yesterday at the
hour above stated they brought IN stated that they
could not agree and were discharged
It's said they stood about equally divided Mr. Bris-
lev who hsd been Alderman of the Ward the previous
wear hut had been unsuccessful in the last election was
one of the Jurors we understand and among NOSE opposed
% verdict Of guilty The point set upwe heard staisa
in opposition such verdict was doubt as 10 que es
nonv The case will be tried again, we heard stated
before another Jury next week.
SUPREME COURT-IS CalMsgRS-Before Ju0se CLtEkk-
DECISION
NswYo Fire and Co. sg BUrre and ohefs
On foreclosure suit the defendants tehderedth tue amount
the day before plaintiff entitled TO judgment ah1
set up under Revised Statutes p $50, sec 20 marginal
(which provides that no shall be allowed after ten
Aer of the amount that plaintiff could not, the ludg
rent obtain an extra allowance The Court considered
that the section did not apply to suits IN foreclosure
where the extra allowance earned, frequently az the
commencement rather than at the close OF suit f.xus
allowance ESQ., granted.