The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-30
The Sunday Liquor Dcaiers--Th1 Trial before
Justice Oxbornc.

large crowd Of Sunday liquor dealers assembled In
the Mayors Office yesterday forenoon, TO hsea 10 -
OF Richard French, Who befors Justice osbsrns, b
testing the constitutionAty Of the ordinances Of ,s
Cooperation prohibiting the sale Of Intoxicating aasrs
Sunday.
According 10 this ordinance II is made misds-
meanor and pun shabls by due OF t0 for each gis.s
sold Mr. French, who Is thu proprietor of frsnchs s
tel Ia charged with having sold twenty thrss glasses ia
violation Of tho ordinance. All the Sunday liquor deal
crs the city th. case Of Mr. Fresc
inalmueh AZ their own "a decided In his.
Mr. Totniinson, counsel Of tho defendant opsssA
the by stating the following objections and pssas.
OF law
70 u. eemps,sasy q tho court. u ne, ssas hsla n
Defendant claim. The nsht % trial ~ jury
nsno, IL relation .gns lqusr saad.y. "a. s,sss
laws h.'is. ps'stis.s %; sssas. .ns .ss P;a.,y
days !. continuous, and not = d,hssis ensnss.
ana tesrdsr and ~seS amount. 70 A. ss.a. ra%i...s
Assume. ,hs, The complainant "a. delegated BY Nh.
authorss 10 VAST asf.sdants house 10 psrrhsss haa
ia supper, o. these ob the counsel ..la,
dincult Tor TO Lnow how N addrss. Jour Hoasr.
once Of an executive ohs city who.s mnsisrs are ths
infor man therefore most respectfully object 70 ths
trial being hsd here. This. sir, not the court 10
The Judge here ssid-Perhsp. sr, you are not swsrs
that fonr weeks sinos ths Comon Couae u this
and dsi-iisd 10 preside here 70 aid tho Mayer
Mr.. Tomlinsop-I do know II, sir; aud also kssv
that the booas full of the acts Of the Commoa Coun
ell which have been declared void by law Bat snos
citizen respectable my client ~ho IL infsfios 10
point OF rcspsctabiy 10 noas In the country has bs
arrested and b. the criminal process the
most earnestly object 70 having his trsd the
bayor's once, Tor u 10 not properly conu Of jusuoe
The Mayor IT, ana has been, sustained In hs huaabis
efforts in suppress crime, By public oplnion asd ths
all por.rin al pfeas which has Ia msesurs o,ershaov
ed his responsibility and alde ia plasinz Judge hrs~
10 act undsr his Instructions in dsp-nAlng justice
other ssrsons and Just objection have 10 the oAass
being tried here is tounded night ~ trial By Jury
ciirsn has ben dragged here hy process Of - saA
u Ia unditEuici rgh, Which he has ~ dsa nj trial
by Jury o. bis oounirymsn. This By III. constatiss
Of the niied states, -yery man IL entitled 70 by h-
peers In relation 70 the Law bsors you proceed 10 IN.
trial of the lst me prosssd % general vsw -
the laws ~ the stats No A~ a the Common Couno1
la relation of general Law is constitutional nor
stand. YoVr Hooor must perceive that The Commos
Council !, MOI lsgAlstrs body, nor they 10
giflats local av 0tdinanc. which the Lessis
tuTs Of the StAie have any control consequently csx
porauon ordnance il detSrmnsd only By Ar-sa o.
dinaBes in relation 10 trade 10 ne law.
District Attorney Hall replied al length 10 the obJse-
tons of counsel and coasndsd for the legality q ths
ordinance
Justice O-borps saA he would make al4sesioa on a
the points saturday mart.
District Attorney Hall gave natss thst vas not hks
intention % be prss.nt a. the examinations lie had
appeared 70 sustain tbs oonstatorAty Of ihs L~, ss
the reqssst u ths mayor.