New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-19
BROOKLYN.

BROOKLYN
Yesterday Thomas Toynbee, the keeper of ho'el
in Montague place. appeared before Justice Smith of
the Special Sessions, to the charge of selling
liquor contrary TO law. The day previous arrange
ment was II ade between the Mayor and other parties
mt. rested by which some of Mr.. Toynbee's liquors
should be seized and the brought up and disposed
of so as to obtain decision of the Supreme Court
now in session in this city, n. F. Waring and j. NJ.
Van CIT, Esqrs., appeared for the people and Alex.
j. HaddtD and S. d. Morris Esqrs for the defendant.
Counsel for defendant moved that the complaint be
dismissed and the defendant discharged on the follow
ing grounds:
First-That il does not appear by the said complaint
that any crime or offense whatever has been cOomt-
ted b, The defendant because II does not appear by
said complaint that the intoxicating liquor alleged TO
have been sold by the defendant is prohibited by the
act under which this proceeding is instituted; because
II Goes moi appear thar the liquor so charged 10 have
been sold by the defendant was domestic liquor and
not inn ored liquor; because 1t does not appear by
said complaint hat the liquor 80 alleged to have been
sCld by the defendant was not liquor the right 70 sell
which in this Stale is given by law treaty OF the
United States. 49,
Second-Tbat the provisions Of the act under which
this proceeding is had are unconstitutional and VOID.
This was oveuued by the Court, and counsel for
defendant Offered to give bail to answer any indict-
ment that may be found.
Tie Justice refused to accept bail. and demanded
tie defendant to plead. and be pleaded Not Guilty.
The examination was then proceeded with, and
Thomas Matthews Of the Mayors office was sworn.
He testified to seeing defendant sell glass OF brandy
and bottle of champagne in his bar-room In Monta-
oue-paee ON the nth inst, and that the liquors were
intoxicating.
Counsel objected TO any proof OF the sale by defend
ant of intoxicating liquor, the ground that the act
under which this complaint is made does not authorize
any complaint, OATH or affirmation Of the sale OF in
toxiestng liquors, and there is therefore no legal
foundation for the prosecution 10 sustain the charge.
TIE answer was admitted and witness proceeded to
state that after be saw the sale he seized and took into
bis POSSESSION the bottle Of brandy from which glass
had been sold, and the bottle of Oh smpsgne wire
that had been sold and arrested the defendant.
On bis cross-examiI alton witness stated that Cham
payne was an imported article, bought and sold as
such
The defendant was convicted and adjudged guilty
of misdemeaJor and was lined ESQ. The liquors
seized were declared forfeited.
Couns.l appealed the c>se and Masking every
Effort to bring it before the General Term of the Su
preme Court at the earliest day possible.
Arrests for Iutoxeation.-By the First District Po
ice, /; Second District, /; Third District, 2; Fourth
District, 4; Fifth District, 2: Sixth District, 3; Sew
eDth District, Total, IA.
A man named McAvoy, who was committed to jail
for ten days by Justice BIstehey stated that he re-
sided in the second story Of house in an alley oppo
posite St. Patreks Church. Mot-st, New York, where
he had four small children, the eldest not over ~
years of age, with no to take care OF tne' tue
mother being dead. 80,
Among ali The arrests for drunkenness brought De-
so,e Just;oes Smith and Curtis yesterday, not one
could tell the place where the liquor on which they got
drunk was procured. Every one was fined elo or
committed for ten days.
EASTERN DISTRICT.
Hennah Condsy and Julia Ann Baker were brought