The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-07
Progress OF tho u1unieipaI Revelation.

THE LIQUOR DEALERS AGAIN.
The case of Mr.. French came up for trial yesterday
afternoon, before Justice Osborne. The Mayors Office
was crowded with liquor dealers and Others ANXIOUS
learn the result.
Mersrs Tominson and Walden appeared for the de-
fendsnt In introducing the Mr. obsctsd against
the mode OF procedure adopted by the Court
attutions and contenced that his client entitled
trial by jury II Is declared, said he, by the constiu
ton OF our state that no person shA be deprived Of
1he law makes this declaration; and your Honor will
find 1t In the elementary works that eu,body it'd orinci
the subject or citizen BY his set forth TO be by
jury OF twelve mea. The only exception made by the
the common law before the adoption Of our constita.
ton. Violations OF corporation ordinances were
punished BY summary proceedins, but jury sral
Mayor OF Brooklyn and the of the People Duffy
it s clearly Indicated that the right Of trial by jury
should be preserved nvi0late 1t is ncom petent for
the Legislature to offence and declare
this extraordinary method OF procedure Ihs Leg sla
tue i'sef Is out species Of corporate body receiving
its powers from the constitution, by whicn it. like all
other corporation ., must be guided and governed.
Judge Osborne said that the act OF 1863 could
Legislatures could confer snch authority the
now claimed upon Cities the latter would be in no
setter than nnincorporpted towns and villages.
MI. Tomnson argued that the common Law recog-
nized certain summary CONVICTIONS but not in matters
ton, cannot create offence unknown to the com
law and prescribe its form OF punishment denying
at the same time, trial by jury. Again, repeat the
Constitution guides and controls tho Legislature OF the
State Juhtece o. then deciding to proceed with the
animation in the case asked II the defence had any
Mr. Tomlnson said be wished to have the Mayor pro.
duced as witness; but the Mayor not sent for.
Mr.. stephen Mann, policeman, examined in regard
TO his own siid avt, ~ follows
Justce-Did you make that affidavit, and are the
facts tnei Elm set forth correct
Witness did not see them drink. (sensation and
The Justice then took the AFFIDAVIT and commenced
reading over TO the Witness asking him at the same
time whether its contents correct Objected to by
counsel for defendants as leading the witness Over
ruled, and reacing proceeded with
Juctce (readng the clause of the afhiavit "and
drank &c. .)-Now, the facts true, as set forth
Witness-They are true, bur didn't see them drink.
! saw two glasses-(interrupted by Justice)-No,tno,
Counsel objected to the interruption claiming the
benefit Of the whole answer: overruled.
Jus'ice-Did you see the liquor served out'
Witpess-l did.
Justics-Did you see it paid fors
Witness-No, sir; dent see 1t paid for (Great hi
Mr.. John Augustus Ricard, sergeant. major OF the
Justice-Were you on the premises Of Mr.. French on
Sunday, the 25th OF AarchS Al was.
Justice-n company with any ones A-No, sir.
Q.-Did you witness the sale and delivery Of and the
payment Tor, beer, or any other intoxicating drink
Objected to oy counsel for defendants leading and
asking the witness to testify to point OF law Witness
cannot testify thus TO offence in dispute, for that
would be legal onclusion.
ovsrrued and witness proceeded-I saw ale called
for and drank; did not see II paid for.
q Did you know the parties who called for tS A. No;
the eating dinner.
q. Did they call for it IN the ordinary way in which
drinks called forY
OBJECTED TO, leading, and as assuming that the
witness inew the ordinary way in which drinks are
called for)
The objection overruled and repetition Of the
last question, the witness answered, "Thsy did"
O. BY whom was the liquor furnished TO these parties
BY the waiter A. Yes.
q. BY whom to the waiter? A. By the clerk behind
the bar.
Justice-The barkeeperg A. Yes air by the barkeeper
Mr.. Tomiinson--Was this the reectory OF Ar.
Franch's Hotel
Witness-YeB, sir.
Question by Cou ns.l-were there any other officers
there at the tins! A. No, sir.
BY Counsel-Did you go BY any ones direction A.
went OF my own accord
Counsei-Answer my question. ! ask you, did you go
there by any ones direction requests Did any ons
tell you 70 go there
Witness with warmth III went there Of my own
accord, 10 get my dinner; dined there every day.
BY Couns-l-Did Jou communicate the facts you have
ret forth TO any oney A. To the Justice there.
Another witness called, bnt as he did not make
his appearance the further hearing Of the post
ponedths time TO be liked by The Justice this morning