The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-12
THE SUNDAY LIQUOR CASES,

1aE SONUAI LlQUOR CASES
| ~~>~~>>~S~~>~~>>y~>,,,>>,
Decision OF Jusesce Bogart, Dismisssng enc
Complaints.
FIRST DISTRICT POLICE COURT.
JUNE 1o.-7ze People, de-, ne complaint of H,7srs
r. Robinson, against Jaws s. Libby and W. s. Wka-
ntyThs above Is of afesn actions brought before
me rs Police Justice for aedged violations Of the
against selling liquor Sunday. They are sAoh
brought at the instance of tn, same pauspt Henry
r Robinson styling himself nsmbw Of the " "Carsss
Lcsgue" The complaint is, in sach csss, in tho fcsw
ing form, and sworn to ey the said Robinson
s.a.e q Nec York, CITY and County Of Nee FORK
sworn sspae. Of u. the Carson LsuI ss
sne xSth day Of March, 1855, at the city Il
bought glass Of whisseJ, and Tor which he psid siT
csnts, on the prsmises deponsnt Desves "a Jsues
row ovejoys) in violation Of the ordiaaao.s a. -.
Common Council for the eectual sing st the
| excise laws.
On the hearing, which occurred before me .. tAs
2sth day OF May, 1885, the said Henry p Rooinsoa
4 placed upon the stand witness when, upsa has
Il cross animation, he said
\ reside in tho city OF New York.
. where did you come from that day when you
| the hotelf A. came from City Tall place
Whsrs did you Live al that timer A. eat and siesp
Are you resident Of this city, A. Yes, sir. went
to the hotei to get Eve dollar rots changed.
Are you married man A. No, mir.
Where do you have your washing dons9 A. Bya vsry
elderly coloret lady in William street.
Tho question, What part Of the city New York d
you reside in, and what yozr occupaoa the witness
refused to answer The decision to tho propstv
this question reserved and the further hearing
the case adjourned the defendants asserting that
the cross examination remained unfnisied; whereupsa
the witness uctaed to attend upon the adjsur.sd
day. On the day appointed for the further hearing u
Tho dofa AanAa 49,
counsel attended the court. Several members of IL
Carson League, in whose the complaint haa
been made, were also present. but, being called.
the witness, Henry P. Robinson, did appear ana
having despatched poll TO search for said Roba
he made report his that he infoxeA
that said witness had left the city then stated, Alter
hearing the counsel for the Carson League and the
defendants, that would dismiss all the
liver written opinion the subject this day. now
proceed to give my reasons for thas decision. In oca
now aware that any weight importanse may attach
to the ideas that may advanced. But the inter
nifty on the subject OF the Prohibory Liquor Law ana
other kindred matters, appears to me 70 Justify, On
usual course Of magisteral duty in giving rsa-
sons for that conclusion Of mind which ordinarily
obligation exists compelling Judge to adducs In thsss
the first questions presented ars-What 10 ths
"Carson Lesguef' What are its powers and dutissY
its action be substituted for that regularly
elected public officer the District Attorney, in nst
tutng and conducting prosecutions in behalf Of the
pie for alleged as can be discsv-
cred in examining these cases. from any nfornatioa
accessible TO ordinary inquiry ssCarson League H.
bined for the purpose Of Offenders assins
the Excise and Prohioitory Liquor laws They, doubt-
ni s 4 TIE G s a s the somaa, S.
all experience proves that when combine
nnSc tSs,r srs too s.
generate into impertinence and arbitrary interference
a sns ,s and % Of % o.her They
enee Of thought or action SO that whatever measure
ucpcS he fho roat
til at last the entire body becomes band OF husting
sIe ha,,.ssng fanatics adopting the dangerous ma.
ing every principle Of right .aa justice 70 ISr
s authority 1's 'ss
ing power, such an association assumes to acs
IL ,h sss place and 70 exercise @ tbs him.
officer, and dsscsnds 3 t uss S Of %piemsnss which
every sense OF honor would lead the generous and tray
The character of common informer is one that has
and among all civilized people Influenced by NO high
motive connected with the public veal his own
70
Dy evidence emanatsng from soiled oonscencs cou
upon which be himself was temptsr and psrtic
pant These illustrate forcbly the concluding part
the witness RpSnson alleges the offence sss
liquor Sunday to have been perpetrated by the
ey Of April IsS haa therefore drank seVsn
st least Of spItuous or eating liquors that
day and had doubtless visited the different hotels fsr
form against their propretors that he might partaIs &
what he was fond ofa drink Of strong quer
and might at the same time the wages Of his d.
graded vocation. That such would be likely 10
practise the imposition Of his being nou-rssidsat
traveller upon hotel keeper, and thus induce him to
suppose that he was mourning NO penalty BY sellag
him liquor on sunday is in every sense credible. n
&whitIe ey, the statement of Robinson that he caIsa
at their hotel to obtain change for five dollar BILL
purchase liquor that be might continue to perform Ia
The law in all requires the evidence esd
TO justify recovery or conviction In these cases: An
the complainant the most charitable mind would
not be justified in considering the evidence adduosd -
rus of the law That calls for the best evidence OF whch
a case Is susceptible. The who acts the part ef
Of 'nin Sis informsson which ofsen obtained sS
the meanest tricks and the basest deceptons. He
laws which he complains, and in these
the risk Of becoming drunkard in order 10 earn ths
means Of living By accusing those who supply him win
witness Robinson had proceeded in his evidence II
not Of character which gave It sufficient weight -
avoided with evident intention, the completion Of tho
aton and thus debarred the accused psr
ties Of right that clearly belonged to them; and -
the League offered other testimony. bscsns
my duty to dismiss the and to discharge AL the
defendants Subsequent reflection convinced e
and 4 e to Ss hoped that % shsn.ysr may Ss ass.s2
witness may be produced who at least show that -
10 Influenced by pure motives and Ia conpstent 70
dure the test Of the most rigid scrutiny to the end q
his examination. That citizen who casually discovssB
any violation Of law ordinance, may perform
acceptable service to the public By bringing ths cdeao
to justice is not to be denied but self consttutea
body Of professional spies nformers acting thrssGh
mercenary agent and assuming functions not ceafsr-
red BY any specific law and without the gnidancs q =
intelligent public officer, may become dangerous 60
sSs %sas IN ss'I restraint sa1a .
rily curtail and sbridge the natural rights s.a
always be construed with strctness and sdminist9sa
with the greatest care and crcumspectioa. OF this
description the excise laws Of this State and H.
ordinance under VII Oh these complaints Instituted.
Thev n buaineas forhiddcn bv