The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-27

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The parties were all disposed Of by the usual que or
Imprisonment II mot paid.
THE BROOKLYN EXCISE COMMISSIONERS.
Among the decisions Of the general term Of the su
prems Court recently sitting in Brooklyn, is one rss
tive to the Excise Commissoners two Of whom it will
be recoected convicted on the charge Of granting
Licences illegally, and sentenced to imprisonment
In the county jail and fired $3.50 The cas,s were those
Of Tie People against John Csvanagh and the "a NO
against Isaac Champion. The Court general tersa)
ordered that the proceedings Of the Justices this court
be reversed and the prisoners rsmsnded the uuex-
pred portion OF the term for which they
The sentence passed upon the prisoners the Court
oyer snd Termner was subsequently reversed, the
to % sSs % S.,G o.
bad the required qualifications; and In those OF botn
that they could not be convicted for voting and that
no prisoner could be sentenced to the county jail for
thfty days, but must be sent 10 the penitentary Oa
the last ground Judge Dean ordered their discharge In
and by tbs above 6ecison there objections to the sen
hnces were overruied The balance Of the term to be
bs made ard an appeal had to ths Court Of Appeals
decided UNCONSTITUTIONAL.
Mr.. Cougar, Justice of the Peace OF Utica, has de
coed that the Prohibory law Of thus Seste is uncon-
the defendant He bases his deision chiefly upon the
written opinions Of Judgea Beardsley ard Bronson.
OPINION OF JUSTICE ROBERT II. MoKsIs IL TIKI
HEUSTI5 LIQUOR CASE.
The petition upon which the hao.as corpus vas
aioweo sets orth that the officers authorized to allow
wits OF hsbeas corpus were absent from the county
by the County Judge Of the cosnty OF Sasga for an
alleged violation Of the act entitled An act for the
passed April eth 1885, shat the Defendant offered to Ii.
Ccunty Judge bail for lis appearance at the Count Of
Ger, Sessions to answer to any inictmsnt that
refused to take bail, and holds ths defendant for
trial At court Of Special Sessions to be held by ths
statements Of the petition. These facts present this
question are persons who are prosecuted under the
snse rsupsrism and Crime" sn.iea to be- procssasd
against by indictment and trial Mt curt Of General
1y 0 10. Of Is ri
with msdemeaLors entallec-or they compelled
TO be tried by court OF Special Sessions whore they
town or The the psrssu rh. Z. 'Si sh
section OF the act Of ths 9th Of April, 1855,
eese enstss the of6ccrs who may rs.siys com.
plants and perform the dutss committing m sgis-
rates and pescroes the manner oi fornng Court oi
Special Sessions and desgDetss the officers who may
constitute such court but for the powers and
such committing magistrate and Of such Court Of special
Sessions, the section refers TO the then existing of
the State, which makes applicable TO bs msgs rate
and to the court By the toiio wing language and
they each hereby authorized and required to hold
courts Of Special Sessions or tbs trial Of such oencs
and urder this act to do all other acts and else the
same authority that mny be done or exercised by Jus
uces OF tbs Peace in inal cases and by courts
Special ssssious, ~ this same constituted by
law Second Revised statutes, page 700, 'of the
Isst and xain aton Of Offenders sad teir commitment
for trial " title Of chapter I'd and title OF the same
chapter pses I'LL coan the powers and duties of the
magistrate and OF the Court OF Special sessons with
out referring particularly TO the several secons Of these
tt.fe sufficient 70 ststs the duties and 10 wers OF
the mae and Of the Court Of Special Sessions Ia
cases OF misceme&por Toe m ,gisrtte must take the
complaint issue his warrant, after the accused ia
brought before him, he must examine the complaint in
the presence OF tie accused aud such wne the
omplanant may produce against the accused hs must
then examine such witnesses the accused intro
dlce; from eli such evidence the magistrate shall de-.
termina there In sufficient SHOWN to hold the
cosed for trial for misdsmeanor and IL the accused
demand TO be tried by Cour, of Spe,isl Sessions. the
Sessiors for his trial If The accused dsmands TO be
bsed, the masisae must take bail for his appearance
that nigh. be found against him; IL the accused
for the period OF ~ hours after the magistrate has de-
cided 70 hold him for trial. does no. give bail refuses
70 give bail for his appearance at General SESSIONS the
magistrate must organize Court Of Special ssscns 70
trY the accused All those provisions Of the Revised
70 the proceedings under that law. Therefore Il is
obligatory upon the magistrate TO take tins bail offered
BY the accused. A Court OF Special sessonl has no
Juritdcicn to try these unless the accused de-
mards trial BY Court OF Sp ,cai sessions, un,ess
after the expiration OF q boaF. after the magistrate ai
cetTnnsd 70 hold for trial TIE accused either
fuses or negects to Eivo ball for his appearance at
General sessions This refural By the rgstrat TO bail
tried the accused. the trial would have been void.
will admit ths accused 10 bal In $500 with surety
and discharge him from arreet ROBERT II. NORRIS
SARATOGA sPRIsGs, July II, l25b.
sPUSXy JuRrEs on THE LtouoR TRIALS n sosros
The Municipal Court presented rather remsrkab .
this morning. Yesterday, at about ons clock n
one Jury went out wilh the case Of n,lah Russell,
Alden ". Jones, Both were for selling liquor and la nei
tbes could the jury ssre The facts we're plain and
conclusive but the jury differed - 70 tls constitution
ality OF the law Neither did they disposed
turn special verdict against the defendants in srder
% allow the law TO bo tested = the supreme Court At
the opening Of the Court both iuTiewers m absent,
having been together al night, 40 basinssa e,ald be
transacted Tbs Judge book the District attorney
looked the docket, and the spectators, made and
outstte discussed togethsr, in whispers the probsb
ties OF the case The general opriou seemed 10 be that
With the present ures a. least conviction could be
obtained. In the drat tried besors one OF the
pressnt juries, that OF Mr. wengton majority Of the
Jury we're o. opinion that Es sr ras aueonsitationa
even the lIth section which Is In everything except
the ircressed penalty similar 10 tho old law. II
certainly the most remarkable scene, that Of this
ing exhibited In court % Justice in this country
During the forenoon there Communication BE-
tseen the court aud the use- The District At,0rney
stated that the juries bad expressed desire to
into court, and ne should not send for them Vt one
O'Clock they sat down to excellent dinner provided by
Mf. H. Parker. During lat night the Jurors, SONS
II thsm smuscd themselves In cling rg songs, Sc &c,
and lime dd not appear to hang very heavy upon their
hnuds.-Bo7en Trdrslser, Sely =.
TEYPgRAxcK STATE covyfSTtox.
The following can has been issusi by tbs ~tae Tenn
At the last Temperance state Convention tbs folio ag
resolutions unanrously adoped the subject Of
Probibtory Liqnof law
Resolved That regard the ensctneut of such Law
the greatest and most vital issue OF state policy
before The people Immediately involving those ia
teets which personal TO ourelses than othse
snd eopseq usnty cannot subordinate this question
10 any other, defer IT, -sttement 10 any
| yepisn Mt scssos.
Resolved, That we ask L.sslsturs that VII enact
such a lac, Governor VINO wil sppreys - snd magis
tra.es sod other ofncers Who wu srforcs H. aad "a
ttese euds sclefnny pledge our influence and our
suarsges, and patent eop'inusnce In veil doing. tl
We see the fuldlment of Scsr., ard can reloic.
l together over victory won, state rectstnsf an
4 humanity disepthrallsd ftom the sway OF the ran
power
Resolved, That 10 the attainment u this pnfposc -
dsc!airn ali desire 70 interfere WITH oZstnG pstts
such or TO orr sngs that VII not ssf cos
eernnx q CANDIDATE " he rhgy or Is hs desnpcrs,
and require sfirrr siive negative answer con
ditou ofouY support; but We MI ak " - Ia trus =
| The great idea OF prohibition" and only A. he q
stsy "a that he f. ahsl he receive sutrsges an
in ,he selection OF candidates We will CHOOSE th
\ so fafy lot .Yrs. lrs q