The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-18
The Test Liquor Cause In Westchester
County.
TO THE EDITOR OF THE HERALD.

MoRRISANIA June 5, 1856.
The first and the test cause, I believe, in this
county, brought to recover penalties for selling
)iquor without license under the lav since the first
Monday Of May last, came Of at MGraw's Hall, ia
this place. before Justice Purdy yesterday; and IS
several suits we're pending against divers pefsonsi
she town. ii created considerable interest. The
sui. brought by the overeers Of the poor Of the
town Of West Farms, against 1r Jefferson La ais
proprietor Of the West Farms Hotel. The action
for alleged violations of the 18th section Of the
Revised Statutes entitled 'of excise aud the regu-
lstion of faverns and groceries," Viii provides in
substance, tia. whoever shall sell any strong o.
spirituous liquors, to be drank his premises in
quantities OF less than i've gallons, without having
license thereto: as tavern keeper, shall forfeit
twenty-five dollars.
A jury wss empanreed on the application Of the
defen dant, Mme Of Viii N, am informed, were I'D.
vocafes OF the Haine law. G. Smith, Esq. Of Moe-
risaria, appeared counsel for the plaintiffs, an B.
Baly, Esq, Of No. raryon row, Of your city, aud
Spratley, Eco, Of Morris mia, for the defeodan
But little time was consumed by the prosecution 10
proving that liquor sole defendant premises
beGv cen the 9th and 12sh days of May. The defend
ants ousfel declined calling any witnesses, and
Wertto the Jury.
Mr.. Bsily's argument en- the part Of the defence,
which occupied upwaIos Of an hour, and was mostly
confined to the law OF tie case, 1t is conceded OF al
sides, was ore OF great AFFINITY. He revle Sed the
NEWLY Va lnNAAoalDS iquOAoy Hlu VI fcSsciSeNu AZ
reference to them, to SOW thai the sale OF liquor
was free by the common law and that the principsl
object cf the statute which the action based,
was not prohibition, but to subject es and hoen.
ses to tsxstioD; and conended that the TWEEN y6fih
section Of the Maioe Law now in force by abolishiHg
the statute authorizing licenses to tava keepers 70
sell liquor in effect repealed the estrictive sections
Of the same statute, es they were mere auxliar,es
in aid Of such principal object He urged this point
with much force and clearness, and seemed TO rely
Oh IL 80 his prin, lpsl desesce.
He was followed on the some side by Mr.. Sorat
ley, who ably AID jDgeniously criticised the test
moDy, conteDdinR that defendant was not cognizaur
Of the fales proved.
Mr.. Smith on behalf OF the plsintiffs made an
earnest al able effort, when after brief charge
from the court, the submitted to the jary
The jury after an absence Of several hours returned
and bar ded in their verdict In writing, which was
az follows
We fr that spirituous liquors sold on the pre-
misses Of the defendant between the 8th and 18th days
May, 1855, but find by such sale, Law OF the
State, 1T present existing in force, was violated
An Jurors in these courts are judges OF the Law as
well NJ Of the facts and % the jury in tas case
composed Of men OF intelligence and responsibility,
it is their verdict will put enc 70 liquor
prosecutions in THE section till the 4h day Of July
next, VT en- the bait may be again oDeted on the
platform OF the prohibtory provisions Of tie law o.
A-.~D On