The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-07
THE PRoHIBITORY LIQUOR LAW.

ErSsG Case for the Sale OF Liquor on tho Fourth
OF July-Ths Marine Court Judges to Act
only ~ Justices Of the Peace or Police Ma
gistx ates.
MARINE COURT.
Before Hon. Judge Brdsau.
july 6.-Kn hs Case Of the People, on Complaint Of
Henry Hill, against Chas. T. SmiA.-Col ssI vier, Of
Louisiana appeared In this the part Of the
plainans, snd Mr. Morrison for defendant
The following is = copy Of the notice served on the
judge
The People Of the State Of New Fork on the complaint
Of Henry hat against Charles Smtth
SR-You will please take notice that the defendant
claims hearr Of the alleged parte charge against
him in the above entitled proceeding before you po
lice magistrate and in the OF dscisisn adverse to
him upon the said hearing that pursuant to the Hfth
section OF tho act entitled act to enlarge the urisdc
on Of the Court Of Special Sessions Of the
fsnd.nt hereby notifies you that he elects to have his
New York Yours, respectfully H MORRISON.
To Hon CHARLES z. BuRpsAIL, Justice, &c.
The Court in this gave decision the point Of
urisdction raised the previous day he said the act
authorizing the issuing of the process gives to this
Court the power to hear and determine charges pun
h for all aences arising under any the provisions OF
the said act, he "Act for the Prevention Of ntsmpe
rance, Paupersm and Crime" passed April o. 1857
Section four OF that act declares "that any person vio
6ocuOn6,
On conviction be adjudgsd guilty Of misdemssnor,n
subsequent act of the Iegialaturs, passed Apr Il.
1885, entitled an act to enlarge the jurisdiction OF the
Courts ofGepsral and Special Sessions Of the Peace in
as Tor city aAd county Of Nav York provides that
the Court OF Special Sessions Of the Peace in and
hear determine and punish according to law all com.
plants for msdemeanors, and shall possess exclusive
Jurisdiction thereof. Section Of same act repsals
all acts, paris OF acts, statutss and parts Of
or provisions OF law conflicting with the provisions Of
this act Therefore, the only authority given
having repealed that portion Of the giving this
Jurisdiction TO "hear determine and punish" all Of
fences arising under the prohbory actI have only the
wight to sit and exercise tho same power as
Justice Of the Peace in criminal cases. As q
and an s "
ton Of TIE charge preferred and it should appear
70 TN eu
TO bind BY rece9nzance the party to appear either at
the Courts Of Special or General Sessions las the party
Col Server stated that in consequences Of the Court
having decided that It had no Jurisdiction to try, and
SD would request that the should stand over till
Eaturday morning. in order that he might prepare him
sought to rely upon he understanding that the only
question that would arise would be a. TO whether the
Mr. Morrison, ON part Of defendant insisted on going
into examiraton and 1t was agreed that Mr. HH be
called and examined and the cause stand over for
Henry Hi was then called and cross examined by Mr.
Morrscn-He deposed that liquor WAS sold to him on
sold BY Mr. Smith in person. and taken from black
bottle; it brandy do not know whether it was i'm
Counsel for complainant asked II the defendant in.
tended denying the sals Of liquor on ths occasion 10
Be allowed produce other prove III. sale
Mr. Morrison said he did not deny, but would admit
That brandy was sold.
The stands adjourned for aIgument 70 Saturday
morning. At 10 O'Clock.
It's Progress In the Police Courts.
The pro srsrs of the Prohibtoy law drags very o Ky
along. Inceed IL would seem II the Carson Leagu,
gsaNsmen sick and tired Of their philantnropic
efforts for the suppression Of drinking Up to the pre-
sent date with the law three days in force single
complaint has been made tany police court.
At the Lower First District Police Court, Justice
Bosart has discharged all those persons arrested tbs
Fourth Of July-an act hardly in consonance with tbs
spirit Of the Prohibitory law. Yesterday twsnt
persons brought before this magistrate charge
with inoxicatIon. All Of them committed TO prison
for EXAMINATION Justice Connolly does not stated
In yesterdays PAPER discharge insbriates without i'm
posing q fine upon them No complaint has been made
at this court against any liquor dealer consequently
varraI. have been issusd, up TO the present time
At the Second Dist rict Police Court, Justice Brennan
took the Of about sixteen persons charged
with intoxcaon Nothing positive, however sproved
rests have been issued from this court.
Justice Davsos, sitting at this Court, has given It as
mis- opinion that police magistrates may impose the
so@% the party Of Ss Tb.
tics quotes from sections four i've and twelve to sub
stantate his opinion this point Justice Pearcy also
comedies with Justice DAWSON in the above opinion,
and win in fey Gays give written decision on this
point.
At Essex Market Police Court the same course
pursued as 10 the cases published yesterday But few
cares for drunke came before the presiding ma
gstrate Just;cs Welsh.
In the Court OF Special Sessions.
Yesterday morning Justice Welsh appeared before
Judge stuart, in the Court Of Special Sessions with
number Of complaints against parties for violating the
Maine Liquor law Judge stuart refused 70 hear the
complaints unless the parties charged with tho misde
resnor arrested and brought into Court. Justice
wslsh said that he did consider that he had
TO make the arrests, but his duty only extended 70
receiving the complaints and II tbs provinces OF the
Special Sessions make the arrests Judge Stuart said
this not The charge was for misdsmeanor and
he could try parties upon such chsrgs unless the
parties accused before him, according TO the
quiremsnt of the law Judge Welsh then pocketsd his
complaints and left the Court.
Brooklyn Police Courts.
Yy,o ~ frtn