The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-04
- The Sunday Liquor Law Violations.
DECISION OLE LISIICE CLARKE

DEC. 26.--The People the Complaint Of Daniel II.
Carpenter Isaac Il. Smith and ohers.The complaint
against the defendant in this is for violation of
the statute for the observance of the Sabbath.
The statute renders every keeper of inn, tavern ae
porter house subject penalty Of two
dollars and'ffty for selling dis posing any ale
porter strong sprituous liquors. except to dodgers
m suSh inns OF tayerns or to such persons actually
travelling on that day, in the allowed by law
The offence complained of in the cases now before me
is positively sworn to- see to doubt the evil
dence and the fact of the sale remains in my mind
disputed Unless therefore, the
themselves within the statute naicng the penalty they
are teveraly liable to payment of the dne.
The exceptions contained in the statute are among
that class of negative averments the Affirmative of
which being peculiarly within the knowledge of the de
PENDANTS the usual presumption OF innocence ceases
and the general rule applies that he who asserts the
affirmative is to prove It. and not he who the neg
alive
Rex vs.. Smith Q Barr, 1475; NJ SIS, 200, and Haley
Convictions, by Dowley, p. 40.
The defendants therefore bound If they wish to
avoid conviction (the fact of violation OF the law by
seng or disposng OF strong or sprtuous liquors, &c
the Sabbath being first proved show Oh their part
that they are justified by one OF the exceptions contain
ed in the law
On this point evidence has been offered by the de
PENDANTS.
The law for the Observance of the Sabbath
is one highly proper in its inception, and bsne-
fetal in its effects the community ana it is one
of those laws which should be strictly enforced when
ever an iniraction Of II is clearly proved
In the present win iuact the penalty each de-
PENDANT for each distinct and sale which is to be
to the quantity sold Tor such payment, such appearing
to me TO be the mean ng OF the statute.
On Isaac b. smith, who 1t appears by the evidence,
made sale Of strong drink spiruous liquor, on
Sunday the I'd day Of July 1854, inct the penalty of
two dollars and fifty cents.
On Charles T. Kip, who, IT appears by the evidence,
made one sale OF strong drink, sprituous liquor,
en- Sunday, the second day OF july 1884, / nnict the
penalty of two dollars and fifty cents
On John Lawrits, who IL appears by the evidence,
made sale of strong drink spirituous liquor
Sunday July 9th, 1854, inhct the penalty of two dol
lars and fifty cents
On Asa r. Miller, who, it appears by the evidence,
made sale of strong drink spirituous liquor
Sunday the 9th day of July, 1854 inalct the penalty
Of two dollars and ffty cents
On William ii. Munger, Who II appears, made two
sales Of strong drink sprituous liquors. sale
Sunday the "a day Of July 1884, and one sale Sun
day the 9Th day OF July, 1854, mhict the penalty OF
two dollars and fifty cents for each offence.
On John Wilson, who II appears in evidence made
sale Of strong drink sprituous liquor Sunday, the
9th day Of july 1854 nlic the penalty of two dollars
and fifty cents.
On Joseph Cusach, who Il appears in evidence, made
one sale of strong drink spiruous liquor Sunday
the I'd day OF July, 1854, inhict the penalty OF
dollars and fifty cents.
On " iilam Mason, who, il appears by the evidence
made sale Of strong drink spirituous liquor
Sunday the I'd day Of july 1854 inct the penalty OF
two dollars and fifty cents
On George Duncomb, who, II appears by the evidence
made sale OF strong drink spirituous liquor on
Sunday the ID day of July 1854 inct the penalty OF
two dollars and fifty cents.