New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-07
La w LNTELLIGEVCE
FIRST SUIT UNDER THE LIQUOR Law
DECISION OF JUDGE BIRDsALL.
MARINE CoURT-Before judge BrRps.LL

MARINE COURT-Before Judge BIRDsALL.
People the New YORK, rel Henry Hill,
Charles L. Smith.
To recover penalty for violation of the late law Of
the Legislature, in selling to William X. Taylor Zone
'glass Of brandy stated in the complaint, July 4.
In this case, already referred to, Judge Brdsall
rendered decision the question of jurisdiction, as
follows:
BIRDsALL, 1.-THE defendant demands prelimi-
nary examination before me- sitting as a Police Mags-
trate, claiming that this Court has power to hear
and determine charges of this nature.
Tie Act authorizing the issuing of process gives 10
this Court the power to hear and determine charges
"and punish for all offenses arising under any of the
provisions of the said Act
Section of the Act declares that any persen viola
ting any of tic provisions of the preceding sections
shall, upon conviction be adjudged guilty of mis-
demesnor. BY asubsequent act Of the Legislature,
passed April 10, 1885, entitled An Act to enlarge the
Jurisdiction of the Courts of General and Special
Sessions of the Peace IN and for the City and County
"of New York" section of said Act provides that
the Court of Special Sessions of the Peace in and for
" the City and County Of New York shall have power
TO hear determine and punish, according 10 law, all
complaints for misdemeanors, and shall possess
elusive jurisdiction therefor &c. Section of
Act repeats all acts, parts of acts statutes and parts
of statutes or provisions Of law conflicting with the
provisions of this last meDtioned Act Therefore the
power authority given this Court under the Act
For The Prevention of Intem gerance, &C., is the
that given and exercised by Justices Of The
Peace IN criminal cases. As Justice of the Peace,
then, have only power TO issue process, and give TO
the party if demanded, preliminary examination as
to the charge preferred and If II shall appear that an
offers has been committed, and that there is probable
cause to believe the prisoner guilty thereof to bind
by recognzance the party 10 appear at the Court OF
Special General Sessions said party may elect.
Mr. Sever Gate of louisiana appeared as counsel for
MIR. Hill, and Mr. Morrison, as already stated, for de-
tense.
The Judge inquired if the complainant ready to
proceed with De examination MIR. Sever replied that
they were not; that il is important case being the
fratu
this forenoon TO proceed. He moved that it be post
poued for day two. Mr.. Morrison also stated that
they not prepared part of the defense fully to
proceed to-day and with the exception of asking Mr.
HILL the complainant few questions, he would like
10 have the matter postponed till tomorrow. The
Judge said he had been in hopes they would be pre-
pared TO proceed forthwith but if any part post
poned, he thought the whole had better be Mr..
Morrison said that Mr. Hill present, and he merely
wished 10 ask him If he could state from his own
knowledge whether the quor-so had been imported
or not The Judge permitted the examination
Henry Hill, sworn, and examined by MIR. Nor
Ison;
Question You sese liquor sold the 9Th July
O. Was i sold by Mr. Smith in personl A. twas
q. Was taken from essk, or bottle OF what A From
O. From what part of the premises A. Behind the counter
q What Us the Quor-wss 1t gin, OF brandy or what A.
@ On your oath, 60 you lift imported domestic
9. You have no snnosty toward Mr. Smith A. None
Mr.. Moidson-Thats all, Sir.
The Judge asked Mr. Sever if he had any questions
to ask. Mr. s. replied that he did not propose TO ask
any further questions He also stated that he did not
think there would be necessity for any more wit
In the case.
AFR. Morrison said they would admit the selling of
the liquor.
Mr. Sever stated that the principal obee of the pro-
cesding is to test the legality of this law.
The further hearing of the case then postponed
TO Saturday.