The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-03

THE LIQUOR SEIZURE CASE IN WILLIAMSBURG.
James Ainsey vs.. Justice Jacobs Mayor Hall, an
Assist. Capt Hunt. of the Fifth district police Thi
wAs suit for damages before Justice Palmer Of tn
Eastern district yesterday afternoon to
Tor quality of liquor seized in the Fourteenth ward
tia IIth Of July, under the law. After the tes
amouy of several Witnesses had been TAKEN counsel To-
dsfeadaxts moved for nonsuit the ground that Mr.
Anslsy lad failed to show that he in possession
the property ut the time the seizure was made. III,
motion for a nonsuit Was granted.
JAMES Quinn and John Leonard, arrested by the FIFTH
district police were yesterday sent to the Pententia
by Just;cs Jacobs, for intoxcaton.
THE LAST LAGER SER CASE.
TO TIM EDITOR rHs HERALD
In your report OF tho cass against George Won Beck
known she lager bier cass, heard before the
S9th ult. represented IS having said, "ths con-
ssitutiorAii.y Of tho law was not doubted Now,
exrrssssy soy opinion TO the consttutcnaty of the
law. saers bang Other Sufficient reasons why was not
'''' s0'''' 'A . J. .. aAssR5ScK, poss Jusslos
The Kennsdy Liquor Case at AIsany.
ChcoeYANT IECleIoN OF JUDGE PARKER on THE
QUESTION OF BAIL.
Tsa came before Jussics Psiser, at Chambers
writ o. hAheas corpus. 1t was set forth ia the petit
toa ia which the writ allowed, that ths prisoner
restrAled OF his liberty ths custody OF James
McNutt pelce condta Die, under warrant issued by
John o. Cols ESQ., police Justice Of the city of Albany
for An alleged violation OF the act entitled, IAN act for
the pisgsoaon Of Incompetence, psuparism and crime,
pas5ea April @ 1866 That en- being arrested by the
constable srd brought before The sao Justice the pr
csscd to give bail for his appearance at the next
Court OF central Sesions " 10 any indictm nt
that nnis found agsins. him. and the said Jus
tice rst-std to take sucn bail These facts being ad
nsd b. tie rstsrn the prisoners counsel "a tia.
tbs silegd fence paiab,e, and asked tina. the
pri9onsS be decharged on giving bail.
PARKsr J.-Ihe oaercs VITA witch the priscser is
charged ated and declared to b. misdspe
by the An iection Of the act under which he p,oss
cutes It is TO be tried before the tribunals and in
ths nsc-e r1snDer ~ other -emeanors, unless the
statute ass specially directed otherwise Ii the Offences
chaIgsa vsis any other misdemesnor, the prisoner
would have an unoouoted right on being brought be
ss Justice under the warrant to give bail for hs
appeassce st the Lext criminal court having jurisdc
ton; e = ;; Ias, ,sss u, 10, 2s) The prisoner s
ing his csss passed by grand jury, and il in
dctei. OF hsns tried BY jury Of twelve And the
naehtrasa before whom the complaint ID made, cannot
take sp TO organise Cours of Special Sessions tor
ths trial OF the offence TIL twenty four hours have
elapsed after the prisoner has been required give ball.
(2R Ill II the prisoner fsis to give bail within
tha ture viii be deemed waiver OF tbs right, and
the usgafrste may proceed q Court OF sps:iai Sea
sioaa to ty the offences. These tbs general p
siess app-cabe TO all other offences Of this grade Ba.
it is clnee that, by the act creating tse orn> tbs
riga. % give ta when hrousht before the srats,
is freo ally taken away, and that the is
auisa 20 proceed imDsoat.ly and try tho case a. =
Cog.t Of Special Sessions Thst portion of the &C. 70
"sec S Every justice.o the pesce, police justice
eouay ass city judge and in addition IN the city Of
New Ycsk ths recorder, each justice OF tbs marine
courts anu The justices OF the distrct courts AMI Ia al
citiss where there lie rscoresrs court the recorder
shsu hsys TO issue process to hear and dsrarmins
ctaxges ard punish for all offences arising under any OF
the provisions OF this act sns they are hereby gu.hor
zsd required 70 ho courts OF special SEES ous t.
e ira, 6, such offences anu uoder this act 10 do ali
other scts s5d exercise the authority that may be
doee CT exercised by us;icep Of the peace liz II
oAsss acd by courts OF special sessions "a the
oons...r.ed anAthe ter sgstrate ssd in this
act ehA be ceemed 10 refer to snd Include each Office.
nsmsd IN this section. Such count Of special
shall ca b. required 70 take ne eramino ion Of any person
6ogN tfo-e upon charge Of an offence under his &C.,
laiao, can te notified ari fcr good cause sho m AZ
adiourc &c time 10 time not exceeding twenty dag
&c.
Tse ,xat o. the prisoner 70 give and of the mssis
trats 70 tale bail is csrtaaiy no. taken away OK
press tsrma By this section, but is csisd that tbs
above isssissd Those words. Il viii be seem ars mere
y osce,y to the Court OF Specie. Sessions They hav
no refsseace to the acts duties of the sxamn, NJ
nsstsI.e bs;ore the organization OF Court Of Soe
Stssiera. An examining magistrate may tais bail;
Ceust o, Special Sessions has no such power q r. s.
S7Io) Ftrmery ths justice to whom the compIai n
wsa made II She prrorer emitted 10 give ball. called
two other justices to SIT With him. 10 coostitus cour
Of Special Sessions q r. s, Ill, S3) But since the
Of 1s4s, eingle magistrate may act such court
acts however in diere capacities In diersn. stage
comp,snt is made, he may take ball. il the prisons
elects to give and whether he can proceed further
penss bon lie tact whether The sas ba
within ire time allowed him by Law for that parpos-
1.s .aa s no Court 2. sssu,
or hsa rs.vsd the giving OF bail The question of bal
belongs o,,y 70 the preliminary pro.cet ngs, There
nothing IN this language above quoted modyng, in
respect the powers tie magstrats in the stsps pre-
psratcry 70 the trial On the contrary the statute
Ing oos:ts Of special sessions for the trial Of ofsncs
under tae act TO do all other scts and tn
sans auth osit that may bs Gone or exercised BY jus
Hces Of tns reAee in criminal cases. and by court
rpscial sesiierss the now conAtltuted" Blu
suppcss tie language OF the act had been such ma
gisrae sall not be required TO tate the examination
&c but shsu proceed to trial, SCI 1t would in tina
authorize the omission OF the examination Of tn
pos -, emission Of any other Of the prelImusr
prccsctirss. 10 only the examination Of th
person charged that I. to be omitted THIS con
pialnant ard the witnesses produced In supper
OF the prosecution are still 70 be examined as re
quire3 by 2R. S. 7os, sec 10, and the consmittip
cheney Of tie evidence to hold the accused to bail,
required by X. 200, 81 II takes away no legs
sas 1sa the cay .Ss r. sns Esd
found und,r The general act CIR. 6 7os, 49, Il2
and authorized step be taken which prevents It tn
right give bail IN such has never In any
S sr y Of msas & &C. sh
prised - 3 be cesmed worthy OF constitutional Proec
ton snt tbs further right to have the case tried BY
court Of tsceto after IL shall have passed the ordeal
Asrand jcry Presumed TO be inaocsnt uutfl he sha
be proves guilty, the accused may, Of right, claim tha
regard its. uasrs formal question, but rather mat
tsr OF satsanee whether be shall Be tried by jury
Ssy .ss or y rs%
body OF tss county. such ris9 cannot be take,
away by mpacsoop In snnet vG Ward, % Gaines
r. 2bQ,) held that where statute admits OF tw,
ooastruotoas III advisable TO give it that which i,
cossosant 70 the ordinary mode Of proceeding before
when by 40 doing trial py
Jury eecured-and the Court added thsts summary
mode Of proceeding always strictly construed Wv III.
rourta and il not to be adopted but where the Ian
guass OF The Law IL positive and unequiYocs NY At
fsnsa has been called BY the counsel for the rrosecu
kure, entitled An act to enlarge the jurisdiction
xhs Cours of General and Special Sessions Of the
in aa1 fer the city and county Of New fork y Tha
act passed three GAYS after the passing OF the &C
nncsr which the nrrest In this case was made and |.
supposst tbs 9th seoon Of itby securing TO the
cused all cases Of misdemesnor, the right 70 elect
1ave AZ cas- tried BY the General Sessions OF th
eeees eeaead TO except the city OF New York. 10 thi
Eespect fren the provisiocs OF the previous act az
~ ehss, 20 far, Legislative construction OF It. Bu
qu@ cisE that II was MT 80 designed, and car
- sach effect. II IL only qusliacst ton made ne
~ - y TIE previous act, but the previous par
sns n the ofty Of New York exclusive iurisdictlo,
~ eonllalat. Tor msdemeanors. Having given sucl