New-York daily tribune., 1855-08-22
LAW LNTk'LLIG ENCE.

COURT OF SPECIAL sEssIONs-AUG. 2l-BeloIe Hon s.
II. STUART, City Judge.
The case Of the People against james Wallace, for
violation Of the Liquor law, came on again yesterday.
T. S. Capron, Esq, for the People, and Messrs. Tom
linson and johnson for the accused.
Mr. Tomlinson moved that the trial be postponed
for one week. az Mr. Taylor his asociate counsel was
ont of town. and he not prepared to try the cause
He wished also TO determine whether the accused viii
be tried in this Court, or in the General Sessions.
The Court-This cause mast take the same course
as other causes in this Court and as mlsdemeanors
gerer0ly.
Mr Tomlinson.-I have an engagement TO day, and
cam of remain to argue any question.
The Court Some detIitc action should be had in
this matter. 1t has been in;inated out of doors that
the Cour is unwilling TO take the responsibility Of de-
Gliding this case desire it soould be dispoted Of as
sOon Gs possible.
Mr.. Capron-This is the third time have attended
here prepared 10 try this cause aud must object TO
any further delay. am now ready, aad move the
hia.
Mr. Tomlinson-The defendant only desires time TO
consult with his counsel on the question whether he
will be tried here or in the General Sessions
Mr. Cspron-rhat question can as well be deter
mined in day rs in awcuk. The accused has already
had three weeks for that purpose AT al events that
if time enough.
The Court think so, too. That question should
have been settled before. The trial mus proceed or
come definite action must be taken in the case.
Mr. TomIinson-Alr Taylor IL cal ed out of town,
and cannot argue that question at this time.
Mr. Capron-Alr. Taylor has left town to attend n
political convention. lie knew that the trial OF this
couse put down Tor this morning, aud If his alb
senCe such circumstances is suilicent reason
for post qOhng the trial. II is IN the power OF counsel
to otloy the iral OF any criminal cause Indefinitely.
The accused would need better defense. The pub
lie interest requires that this cause should be door
Mined We would choose TO be beaten here rather
than have action taken. If the cause is tiled and
we are def, atod shall be in position to take fur
ther action toward the final settlement of the principal
questions involved, and which, as am informel the
counfe for The accused Intend 10 raise on this trial
The Court Ito Mr.. TonhnsoDl-You had better de-
termne now whether you viii be tre1 here or go to
tie General Sessions; or whether YOU will argue tho
question of II right of this Court at this time 20 send
cause to tbat Courf.
Mr. Tomlirson-That is what we desire to do, but
we desire more time to make up our minds. cannot
stay TO argue that question. now
Mr.. CaI IroD-I have nAre fair proposal to the
counsel and repeat the statement TO the Court, that
will now discuss the question respecting the power OF
this Court 10 arbitrarily send this cause TO the General
Sessions against the wishcs Of the people. Or If the
counsel for the accused will waive oil collateral ques
tions and either admit the charge made in the COM
paint LEI The proof be now taken, will coasen TO
n reasonable pospopement TO enable them TO prepare
TO argne any questions they may desire, arising upon
the statute. What wish, and must insist on, is that
some progress sbal now be made in this cause. |
WILL if desired amend the complaint so as 10 embrace
imported well domestic liquor; and on conviction
Of accused / shall move for judgment of forfeiture,
which will enable the counsel to state toeir views upon
the coDsttutionaly of the seizure and destruction
provisions of the law.
The Court. TO Mr.. Capron)-You cannot try this
cause before Lext Tuesday, if decide 10 hold the ac
oused to n trial here. Perhaps il had better be deter
mined that that question be argued before me finally
on that day. and that the point be then determined.
Mr.. Capion--Tbe Court knows The routine of it's
own business better than do, and / will consent to
al course which shall advance the cause toward an
ultimate determination
The Court-Let the cause stand for hearing and final
decision on that question Tuesday next, in the
courtroom Of the General Sessions, at 3 r. VI.