New-York daily tribune., 1855-08-28
LIQoUR CASE BEFORE yUDGE STUART

The case Of The Carson League agt Wallace came
Up before Judge Stuart Yesterday afternoon.
Mr.. Tomlinson, who appeared in behalf Of the ce-
iendsDt moved that il be tried 10 the General Sessions.
He spprehende0 that this case not Of the slightest
Importance, the Liquor Law hsd been parsyzed
already by the iriel1en Of the peIple by the de
cson- Of the Courts an: by tho opinions Of the mos.
eu.ineIt uIiss 1tefe wa 10 Deeo therefore OF br1g-
ing II 10 decision suddeuY l. had been TO ceF'ail
extent ceciced by the Supreme Court
Mr. Cspron, who arpesrei for the Le.sue,
did not suppose that the Constitutional questions
which might be argued by certain ingenious counsel
hac ANYTHING "a 90 with this He believed the
law in all It's provisions 10 constitutional He had
read al the decisions 'hs' be could Get hold
Of snd they all strengtheo % his belief He knew that
the law originated by Of the best eg. Iiuds
in this State aDG hen sub ni'ted 10 the review Of two
or three geltiemeI than whom mOrs eminent men
had ever foDored tie Nes-Yoik bench especially wi
n fereI &c 10 tho s.lrch and seizure clauses, and 'ley
o. c4ted il 10 be free from ell constitutional o 'cnous
He had rmarb ed also that come ~ the lie irUed gele
men who hac given opinions agans, the Constitutional
ity Of the law bad before, when on the becch pts.ef
upon similar questions and that their cecislons as
jucecs we're cutie oifeicrt from 'he Opinions a. law
,ers Mr. Capron tben cont -nded thai the 8
section of the act Of April II was void, s'ncs Il
related 10 Courts of Special and General Sessions
81 the Peace while there were no such Courts
recognized BY the Code The PIohloitory Law
saia that the Cfy jude shord be q Court
Of Special Sessions 70 Try hese He bad brou hit
bis man there del that law AM they sere tyfi5 ID
get cleng under law which hso Eo'ning 20 apply to-
AID therefore was no law NJ all Mr. CsproI's second
poiu, pss tnat the right Of trial by Jury not
euarautt cd ia all iIniual tha IL some Courts
Il hac always been 0 herwise 10 10 le24 there had
been 10 such thing jury Trials in Cours OF Secial
Sessions, and the constitutional prev Sion was that
q rgt' o. Trial b. jar sbould reI ain where it hal
hitherto been exercised, ieferrn. back 20 per oiOng
euteeedeut to ls2s Dir. Cspcu did not suppose that
the judge sitting q fltY Court Of = eciil Ses-
sions lie thoug.. h. was sitting there Court Of
spesial Sessions uDc ctr the Prohbi;ory Law. Ths df
ference between city and cOuntr, that Ia the city
iurisdcrOn taken from all those persons who Ia
Il country could hold Courts of Special Sessions ID
csnered i IL bis Honor. The othe' magistrates h-re
were only c1mmittii magistrate Nj. CayrOu he'd
at ibe & feDc 0nt in waving bis right 10 trial ny
Jury had waived il forever aud could not resume IL
He thought tbs dtfeuda1t hal no power Of e e too
after he hsd Oh left the committing gstrate the
election once made il CONCLUSIVE aud ifrevoc the
The statute said that he mi lat Cect once Gtf l. liked
Il Q time a. d place 1h're such thing es grace
IL this natter tie time FOR tea hal passed aud 1t was
Row altogether mritei Of justice. The election OF
ti!a b, jury should bave oe,n before the committing
magistrate where was tue authority tJr more shan
ole eCeciOn.
HIS Honor stated that jury tIisl was always
granted man in a crimira al case il application was
nlaoe before bis uial actually CONNIE lced
MI Ia ron mtlrtcu lubt u must Do uttsSi vi
araoe it was not Of Justice. If II were be saS no
reason why man could choose after his t isl tad
actually commenced. He admitted ,hat The Court
he'd the pO~tr s,d tine 70 the sleral Sesso
Lut wh,i AM ia what WAS 1t e. b. usci. lhis
very rover cnotTad'ted the assertion tha' tie pr--
o. e. hao an urresiric el ice Ii b. had how 1ud
lie Judge sec hin to the Special Sessions b 4. It
vac not in lis Honors pOwr o send hiu to the Gcn-
es Sessions for ite reason uint none OF the causes
contemplated by 'he satui- su h ss rela orsniJ or
warm friendship between the CITY Judge ai1 the
lfend.Lt sxs I'd H. tbr csse.
Judge Stuart stated reason fr sending II Z
u e General Sessions, that the decision invoI red the
forfeiture Of liquor ~ i.h 'he defsod an sht have
OF hand.
Mr. Cspron said that the Legislature had reposea
sJfcirn' confidence in this Court ana II Vas certain
IL competent u choose the Court IN which tie ac-
cussd shoul- I've tried lie bad understood that his
Ho, OF v ould holi u Court OF GeIera SESSIONS anu
BE- cid not s,e that he wouh be competent 70 oe-
eide tie nis OF law in thar COuri th-I in his
Mr. TomiDson briefly replied, granting for tic
sake of arguueut what SIR Capron had s,Id 10 rela-
ton 10 single electi ~, although il was al eGihe
nscopceptun. Still il clear that the Cour, b 'd
right to end to the General Sessions aud he gh'
tn,t the presers stou OF the trial byJ1fy was suH-
cent resss q TO- 70 doug Mr. Capron had feet IS
sured thai the tb section OF the act Of April Il Vas
VOID and then lie had assumed that At was veAi aoi
a part o, the Pr,hhitory Law tie appeared upol
IT, very 5ib section which be had declared void.
Mr Touusuu il sisted tat the rig1t 20 triai by Jsry
had always Leer tded ia cf nina Gases, alf m
il was Therefore indor-ed ani guaranteed by the Goa
stiufiou There could he such thing q pre-
.umpiiye wavcr Of a mans H. his, aud he Do eSed
th-t Whenever n maI was Grrest.-i on auy caHge on
Which he might b. deprived OF liberty cr property be
should have = jury-'ris
Mr.. ID. Il. Taylor f,lowed with few remarks, aud
TIE hea.ng vss concluded, the Judge resefY.ns his
dt islOn,