New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-06
BROOKLYN EXCISE COMMISSIONERS.
THEIR DISCHARGE FROM CUSTODY.
OPINION OF JUDGE DEAS

OPINION OF JUDGE DEAN.
Yesterday John Cavanagh and Isaac Champion.
Commissioners Of Excise, who were convicted Of
inisdemeanor in granting licenses to improper per-
sons and sentenced to the county jail for thirty days
and to pay a fine of $3.50 each appeared before
Judge Dean, of the Supreme Court, with their coun-
sell They had been brought up the day before on a
writ Of habeas corpus and their discharge applied for
on several grounds which set forth in the opinion
of the Judgs Cavanagh is discharged from custody.
The case of CHAMPION being precisely similar the
same disposition was made
The Judce In his opinion states that the prisoners
counsel SAYS the return does not show sufficient
cause for detention In this, that the otfense for
which he is committed does not appear IN tins COM
mitmept and alleges, by way Of traverse, that in
Kings County a special statute exists, which directs
Courts sentencing prisoners to imprisonment for thirty
DAYS or more to sentence them TO imprisonment In
the Penitentiary
TIE necessary facts were proved to show that the
preluinaries required had been taken by the Board
of Supervisors
The fret question arises is whether the commit
uent where on the prisoner 10 held Is the nm jung
"meat or decree Of any competent court Oh cIVn VI
criminal jurisdiction. lift il, then have no au-
thority 10 discharge him. The statute, H. D 's''
IS. provides that when ever a Judgment upon CON
yiction shall be rendered in any court, sua po ts
DUTY OF the Clerk thereof 10 enter such Judgment
fully in bis minutes, stating briefly tue 2ysa" t?r
which such conviction shall have been hai- Ia THIS
case il " a. proved that the commitment on "neh the
prisoner was held q transcript oil me minutes 81
he Clerk-whch was the only judgment mat exists
|. this Judgment No ogsn-e Is staied- IL Is tue
maj il saws for misdemeanor.' TINS embraces
ruetous class Of csses but ls not the name o. de-
.cripton of any particular oiiense. we cannot nom
III. determine FOR what he has been tried OK con-
yctsd. nor could tbs Judgment, without proof, be
bar 10 another trial for any specific misdemeanor.
Th statne which requires that the judgment should
.,a,s a. ofeuss. means more than, that Il should
.,st. Ia which slass OF Sfenses-felonies misde-
reano,s il belosgs and minute Like the one proved
in tbs case IS rot ud gnent within its intent let
ter see no objection, therefore, 10 proceeding with
N. examination into the Of the prisoners de-
/ teBton.
dsys inprisonmest and 10 pay fine Of e250, or il
Getaul, thereof imprisonment Of six months for
m,sdernesnor. Now, there are some misde.resnor
for which a person convicted cannot be i.nprisone
AZ all and others in which the fine cannot emouat
| ths sum here named. Can any one fem the pro
| cs<s or the Judgment which the Sheriff hold
the prisoner determine whether thiA b legal ser
| tepce
There are fslonies for which ,erson on convictio
may be imprisoned in the Courg Jail or State Pri,oI
| and other felonies on which be may be sentenced
be executed. Now, surely it would no. be enough
entering up judgmeat for . capital ofen: y. !" -:
that the prisoner convicted Of felony -
tufs, when il says die judgment shall stsss 'as