New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-12
BROOKLYN,

Yesterday Hugh fitzpatrick appeared before
Justice Smith for examination on the charge of selling
liquor contrary to law, as appeared from the evidence
Of Patrick Mccormick, who WAS arrested for intoxi
cation. S. q. Morris aud J. B. King Esqrs, counsel
for the liquor dealers, appeared for the defendant
and j. NJ Van Cot Esq, for the prosecution Mr.
Morris moved the discharge of defendant on the
ground that it did not appear in the warrant hat any
ofIense had been committed, as it did not state
whether the brandy alleged to have been sold was
imported or domestic liquor, the right to sell the
former being given by the laws and treaties of the
United States. 1t did not affirmatively appear
that the defendant is not importer of for
eien LIQUORS and that the brandy sold was
not in the original package. That the 4th section OF
the act under which the proceeding was Instituted Is
unconstitutional and void. That the 5'h section OF the
net under which authority if any, the Justice acted
was aIso unconstitutional and void. That the 18th
section of the act under which this prosecution was
C, n menced is also unconstitutional and void. That
the warrant If not authorized by the act itself In not
being in conformity with section IL OF said ac These
points were argued by the respective counsel, and the
Justice denied the motion 10 discharge. MIR. King
then moved to admit the defendant to bail TO appear
before the next Court having cognzance OF the oense
for the reason that the act in question mNkes the
change against the defendant mfdemeanor The
Justice reserved bis decision the latter point until
Friday next and the Court adjourned.
The first decisive action relative 10 the enforcement
of the new liquor law taken by Justices Fem aud
Jacobs of the Eastern District yesterday.
The first case was John Krey the keeper Of liquor
saloon corner of North Second and Leonard, arrested
on warrant issued by Justice Fem on the affidavit
of Mary White, who charges him with selling liquor to
minor. The defendant pleaded Not Guilty, and de-
manded Jury trial. lie was held in $3.50 bonds to
appear on Friday evening next, when his case will be
disposed OF by jury.
Befo,e Justice Jaco5s--A search and seizure-war-
rant as issued against Thomas Berry, large liquor
dealer corner of Seventh and Grand-sts, on the ai-
davit of four persons, who testified that they had
bought liquor at his place since the Fourth of jay.
Capt Guischard of the Filth District Police, assisted
by Officers Tice, Jacobs and Stewart, proceeded to
the place and seized about $4,000 worth OF liquors,
consisting of brandy, good and bad articles gin,
rum, beer ale, champagne, all kinds OF wines, and IN
fact general assortment Of spirituous liquors. An
officer was placed in charge of the premises The
LIQUORS will not be removed until this day. The pro-
frietor of the place was taken into custody and
brought before the Justice
Philip Hamilton Esq, appeared as counsel for
the defendant and moved for his discharge for reason
of insuficienoy OF the allegation IN the warrant OF
arrest it not setting forth that the liquors alleged to
have been sold were not such 10 which the right to
sell in this State given by the laws and treaties OF
the United States.
The motion 10 discharge was denied AID exceptions
taken.
The counsel then offered 10 give bail for the deen-
dan. 10 appear 10 answer at the next Court Of General
s. ssore and objected TO being tried by the Court Of
Soecisl Sessions and cited various sections OF the
Revised Statues es to his right in Directing to the
Court Of Special Sessions.
The Justice stated that he would reserve his ceei-
sion nutn SATURDAY the l4th inst and IN the mean
time be would examine into the matter
A warrant was issued about O'Clock against John
RUSSELL corner of North Second and First-sts on the
affidavit Of persons who testified to buying liquor at
his place. The warrant was placed in the hands OF
Assistant Captain Hunt Of the Fifth Police District
who assisted by oherofcers, proceeded to the place
and searched the premises and seized about $500
worth Of different kinds of liquors, and placed an o.
fcer in charge Of until this day when ii will he re-
moved. There was no resistance made against the
officers at either OF the places and every faculty 10 'es'
the different kinds of liquors and the qusnuy OIL eacn
was given them.
ALBANY.
From Our Own Correspondent
ALBANY, Wednesday, July IL, 1885,
49, Ha al