The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-30

sULLIrY THE PEoHIBIroRY LAw-DEUFKARDa
k0r OBLIGED TO TEsrIFY-EsCORDKR shtfH'a
orHTos MISUNDERSTANDING or THE Ii
ASTORIA, July az, 1855.
Before Justices Boyd and Snediker
The People rs. John Jamieson.--A very i'm
portAns and interesting liquor trial came on In
Astoria On Friday last, before Justices Boyd and
Sne6iser A liquor dealer named ia nieson had
been arrested and ths nqaor on the premises
sszsd He claimed trial by jury. which
vas granted. The ant for the seizure OF the
LIQUOR vas made on the complaint Of Josiah Black
well. Esq who acted on oenslf Of the Astoria Be
usyoient and Tenn erance League, va, were the
prosecutors in this Gaze John ven, Esq., OF Ne "
York, appeared for the prosecution, and Theodore
e. Tomnson appeared for t,e defsncs. Mr.. Tom
linsop, in o5enil the case, demanded an imme-
date dismissal Of tie defendant. He arguei that
he affidavit ON which the warrant was issued did
rot comply with the law. TIE warrant itself was
Dot an affidavit, and the liquor 10 % seized WAS
net specified in the afi iavit. There should be no
presumption In this trial; the DESCENDANT could
reyer be convicted on ptesumptive evideLcs.
The Court ovsrruleo these objections, and hsld
that the siidavis was sofi ;isnr. Otter objections
on 6chx ical grounds were raised by counsel, but
alEo ovtrfnltd; bat objec iJns recorded.
~ ma time was spent in enpsnntlhpg . jury.
VIM Il. Painter was called. q DO you bslong to
sry sss ocistion tor the pnrp sc Of supprs ssng In
years to a ignorance saciety. Challenged.
Peter Van Pelt.-Q. Do you belong to tempe
rance society in A,toria for the suppression OF in
temperance A. Ne, air; never belonged TO o
Temperance society. Accepted.
The some quesn asked Of ell the Jurors.
When Blk we're TN Ia1ueied, no sever, wr. Tjmltn-
son refused 10 be tried by such jury. he claimed
jury OF twelve.
Tine Court overruled his objsctious, aud ,sptons
were taken.
Mr., Owens proceeded 70 address tbs jury. He
H.. ~ tha t,ta md pfa
ieeI whcu the question excited Throughout the
Land. Tie question tf temperance aud Ia temperance
had TAX. the place d patty pslitlcs Tie contended
tns. The law perfectly cobsti .u,i0nal, and the
Jury we're there OILY Z, de'etmine the facts In the
osse. Tiny had no'brg 20 DO With the cons.i.u
ftnsT,P or on"onstisun ,nalty Of the law.
Mr.. a kweu 1860 sOd said that he did no. q &
slote 10 this MATER, but that b va, backed by the
Astoria Temperance League, and that II the ja:y
gave just verdict ihsrs would be- st least forty less
EuEfehe 10 the Village.
M I, minson foN ,wsd, ard made sc,rching
rIly 20 this tempt OF Nc. Blackwell 20 ina lence
IL. nil d. Ct tire jay.
J4aes Ccchrane -ss TIE first witness called and
.vc.p-I rsics'in AstNa; know the dsfe adant,
10. JsmiesJn; he lives Ia Fulton street, Astoria;
keeps a store there, aud sells Vegetables, &c;
live u the toUse 81 joining 70 him don's know 81 q
MeG,sne BY tame; lave bs'n IN Mt. J annie,
,0I tefu Nj. Janies9n tell intCx,catng Hquor
sucs the Alb 10 my koowiedge; nave not ecer
any oct u ,te'e hiDce ine 4th drinking q. Have
sTce tire Ah " Juyi
Oreosd " ~ leading
@ W ytuo or havs on not seen NJ. Jameson
OF &c. eise In bls store for blm selling in0xi
canR hqu.I BIZ CO ihe An OF Juyl
0bl..lto 10 AZ bang irrelevant. Mr.. Jsmieso,
cta ,,'t be raspors,bio ar IRE acts OF another.
IN qmslnn MAS repeated 10 another form, ant
All e. tbttiH.
Y Whist tase ycu dIark
Ohj-rsc 70: ovenued and executors taken.
w,y0sss- | hsvs drank ora gisss Of soda sstsr
10 b. 4 al NJ All tn,
bs ca!.eo oitsrr Usugt,eD; how ne made thsm
o,~ist thty were made OF, or ~hat tosy ~ete,
do, ;. know; can't 0eli snytbipg about tue bitlsrs
R-cs wso lsughter)
Jsnss Puroy, being dlly sworn dep iced thu. h
iw5 10 Astoria know Mr.. Jameson; resid
Wit him Il the same building, ia Fulton stree; a
tests stVe there, sni sis ri q, ruts, We zetsbl
and IuD; l have rot bstD n his shop occasionally
s'1 ce The an Of july; Ills place Is 30 si'uttsc
tia. con look INTO it, sod c,a ais, hear what i
goirg on inside; tays nssrd nien ask HIN fo
brsxdJ; / raw plssAes ont the c,untsr, ard saV
sugar put In BEN: saw q bottle SEE d,wn on ths
coui ter, bsside ir. Jsnsson: bsheve thu. Il
abJIt all; on ore occasion SAY mn pay for thu
rquoi; is wss either hAh dolsf or two shilings
p,sfume IL was tor liqIor they paid the money
[lnis prsu Dpnsn chico ed 20 by M. Tom 10
sou. an rule1 Gus by the Csutt.) @ Wfo paid tcs
noIey2 A. do NOT sno ' tho name o; the party
hey pturd the liquor ont Of me bottle into thSi'
gaH es, ard craI X IL or; one Of those who drank
the liquor PAID The moIey SPOKEN of; this was on
tie ON Of July; en- another &C as'on, on the 7:h,
ask for wine bisters; tie bosss was brousa
cut, and tie glass ras put on tbs counter
and TIE liquor sas poured out OF the
act back don't recolec. taat the liqu'r was
drMk, VI least / did not ase !, drank. q. 30
lcbg fsd .he glass set ,oer, (o5seted 10 as irrele
want, admitted and ex ,sptions taken). A. ! lsft a.
soca ss tie liquor was p'ursa cut; on tos 9Th
bead a nan cell Tor brandy; Jaw poole 20 II
and out with bottles, bu: do not knoS what was y
q EN-.
Cfoss exs Mined Q. What ia your bu ,inessg A.
am tsa.or. q Hos loag have you Lived IN As
tortsf A. Over two years Q. Where did you iiv
beftIe you camh u Assstlsf A. In New Yoik. s
q What did >ou DO there for hviBg1 A. carrie
90 tie tailoring business, Q. Where were you stand
ing When you iaw this transact n spoken IN A
Up SANE. Q. Where so.n,? A. 10 the bedroom
Q.Wtst were you co,nsi 4. i don't know that
Ia nsoeessiy 70 answer that question (Lsugn.er
Question repeated. A. | mad oc nation to go u
inIe: Q; Do Yea k9os what you wen. up for
A. TO obey the calls o. nature (R,ars of !ausnte,)
q. A soon % you had done DID You leave? A. M
sir. Q. What old you Do tbera A, head SIN
through hole. O. What hoe2 A. A holo Gu
thrcoeh the floor Ter s,Ave pipe 70 g, .hrougt
tR.re"d augttsr) q. Did you x, on your hand
ha.s1 A. Yea ,ir ssGpprs.ssd ausses
biz ter u.i, urea, proesb,y longer. Q. Wat wer
you doirg on your banda sad knees2 A. Lookiu
tbis tmsl A. bei.ye | bad, II had attended !
It. Q When ~ss tbs that you were on your hand
Ald kotts2 A. THIS was on the 7th. Q. You OF
not dihk any Of thsss liquors that you say 0
these occsp oLt2 A. No. Q. H'w mary feet wer
your eyes ana nose ron these bostesi A. thin
they we're abau, five or ak eet from the floor an
the couhttr. Q After the tn was tho 9Th: ~ha
tick you up ~ the bedroom theL2 A.
think it was Sunday night. Q. You the
pulled up the carpm ssaiaa Witness no.
usd bis tead. Q. Did you GO. on your haad
and knets sgsin2 Another nod from witnes
o. How iorg did you remain IN thst position thu
timer A. Perhsps sbou. the Nme--tea m
nniss Q. What OF the obj A. On the 9TH mad
IL MY lusire.ss TO go up stairs AVID what va
go,t, 90; sav mob around tho door. aad
waatf5 - know what was the trouble. Q. Yo
lifted tie cslpet7 A. Yes Q. Got on your hand
and kco,s agar al looked thorough the stove pip
holet A. Ycs. Q. how loog were you there tina
timer A. Wen, tninh was In tina! position TWEEN