New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-06
LAW INIELLIGENCE
FIRST COMPLAINT UNDER THE NEW
LIOUOR-LAW.

MARINE COURT-JULy Before Judge biRosAtL
A complaint was made by Henry Hill against Chas.
f. Smith keeper OF public house in Howard-st,
CHARGING that the said Smith, in violation Of tho said
law. sold to one William X. Taylor one gass Of
brandy, and warrant ash ed for, which was granted
by Judge BirdssD and served upon Mr.. Smith, the
officers Messrs Cruger and Ttompson taking his per-
sopa reeognzance in $500 to appear and answer
The matter came up this forenoon before Judge b.,
Mr.. II. Morrison appearing as counsel.
The following is the complaint on which the warrant
was granted
Nm Of laid CITY and County Of being duly
S%P' on @ Ssh os ss SS he @ ely Of New Sos
n Kicetng liquor was sold contrary 20 me proyons OF &C.
M and crime passed april g. 1855 Viz, alas. Of brady
Aud he said comainant alleges that Charles E. smith Proph
pubic house saloon did then and there sell tie SAID
liquor brsndy or Intoxicating quor and guilty Of said onens,
The ssid further that the ots and cFcu
IS Of he sale Of the s.d haSo' are a pS" r,vor he
Ing then end there this All day July the PROMISES q
ad oon having called for glass OF brandy he ths SAD
to HIM he sid WIN am K Taylor he said sss: Of srs9dy
snd he the sad hsIes smith hen and there " s
and drunk the premises M he preseneo OF
the land ord q the said premss or public drinking saloon
tavern OF public houe and IN the presence Of depooen
therefore, he depCne1t ks P5oSSe. sssasi ens .sa
so5 10 before me th: 9Th day Of July 1885
'"''" ~ G. T. BTRDsAtL Justice Of Marine Court
On the case beng called, Mr.. Hill being present,
Mr. Morrison raised q preliminary question. He
stated that the Law in ques ion, which defines is In
fractions 10 be msdemeenois ives passed April and
gave 10 Judges Justices &C., jurisdiction In regard
10 them bu: the law of Ayr IL passed three days az
terward giving TO the Cou. OF Sessions extended u-
risdiction provided that all misdemeanors should be
tried exclusively in the Stssionshe contends there
re that this law with others, was included, and eI
cept 81 Police Magistrates, 10 inquire and ascertain
b.ther an oeDss under the law has been COMMITTED
the Juoees of this Court have no jurisdiction. He
holds. however az In the case of Police magistrate
that the Judges have power Of preliminary examina-
ton
Tie following is the written notice served by Mr..
NJ. upon the Court:
Before His Hcnor Charles T. Brds Of the Jusces Of
DE Marine Court q he Ciy Of New, York;
The PecpLe Of the State Of Aso York on Ne complaint % Men
~ Hal at CAQYles r. smith,
sR. vii pl tie no,e that the defendant eisins
heanpg the ased pare charge against him Ia the above
entitled pro. esdins beicie you Poee m.gstfae and 10
the event Of decision adverse 70 him lyon the said bearing
ensrge ur.oeron Of the Cont Of Ge1s.s and SPECIAL
Yert b. s.d defendant hereby notifies you that he elect.
nave hi case heard snd by the Court Of 0ensf
sessions Of the feses IN a.d for the CITY End Sysst se"
''''' OF CoanseI for defendant
| To Hon. CHARLES T. BfRpsALL, Justice. &c
Mr. Morris remarked that be gave tne no''oe 40
order 20 pIeserve the rights Of defendant
JUDGE Birdsal reserved bis decision on the matter
If ;nisdictiop, and the case was adjourned.
I'VE under stand it s sort Of amcabe suit 70 test
the law; Mr. Hill it Is said, is boarder at the house
Of Mr.. Smith
United STATES DISTRICT CoURT.-JuLY 5-Bes,rs
Judge Belts
HABEAs. conPUs-ESLIsTfSG MEN FOR THB BRITISH
ARMY.
An arrest was made few days since Of an individual
whose a the uLkso VI, and called 10 tbs
fictitious John Doe. He Y sad 70 DO Count
Bonguard rged With inducing violation Of
the Neutrality Laws proceed TO Halifax 20 b there en-
sted 10 the bnrsh Army He brought up to-day befss
Jucse on hsbeaa and hs discharge from nnpsonmsn
dsmsnded he ground that he guilty The proof hay
ING failed sustain the complaint, be Ess discharged
B. PALMER authorized receive subsssdns and ad-
verssmenis for The TRIBUsE IN tho Cities u Flu kpEISS~
and BosToE. 49,
EDwAsD SMITH Agent for the sale Ct T'sT'isV'A u
! BVRLosTos, W.