The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-26
THE LIQUOR QUESTION.
The Trial or = Liquor Dealer.
THIRD DISTRICT COURT.
Rafora Iwsf,ca Mach

The trial Of Robert Walker for selling liquor bet
ths first and 6fth Nay took place Wednesday last
The court and this ID the frat case
Of alleged violation Of the cesss Law since tbs passage
Of the Prohibtory Liquor Law in April last the greatest
intsrest manifested during the progress Of the trial
Mr. Theodore Z. Tomnson appeared counsel for the
defendant Mr. John HAsfns for the prosecution.
The case had been adournsd times and in reply
10 question OF Mr.. Tomnson as to what position IL
in present. the prosecuting spoie as fol-
lows -
For the purpose Of informing the counsel Of the pre-
inform him Of the proces dpgs he, etotor had and the
evidsnce produced before you IN the Of Walker.
MI Ionlnson-l suppose came here for the purpos,
OF trying, not for the purpose OF arguing case.
The yudge-You came for the purpose Of arguing it.
Mr.. TomliDson-Your Honor mistaken. 1t was ad-
nIst to the 10th OF May thee to the l9h and
the frat occasion took she testimony Easton
and also swors Mr.. Walker. informed BY the
Corporation Attorney that witnesses would produced
on the stand for the purpose Of proving the Offences
Tho Judge-I have NO voice In the mattsr-yeu ara
entirely ~ the mercy o. the Corporation Attorney.
Mr.. HasknsI don't desire the gentlemen to placed
At nay mercy. Isuppoted the witness would have been
placed@pon the stand BY him. should be very sorry
the Counsel the other side introiuc any obiec
Sish that The defendant shOa have eysy oDDortany
to present this fairly for discussion and SECESSION
before this Court and do not want to exclude the tss
Mr. Waller was here called.
The Judge-well, now, let him tell his own story
M. Iomhnson-He has NO story to tell II Is q mast
extraordinary proceeding to cali upon person to give
evidence in an offence with which he stands charged I
there is little question as to the ia:t but have Fight
to know the source and origin Of this offence.
The Judge-This case has been adjourned for two
months; do you demand testimony nows
Mr.. Toni nion-host sssuredy do II your Honor
real trial afterwards~s trial according to Law don't
desire 10 embarrsss the Corpor Attorney In this
the subject this rather expert ment for the pur
Pose not alone Of getting at your Honcrs opnon but
Cooperation Attorney what peoalty he claims in this
case, and under what COUNT Toere counts ono
% ana nnds s al n S
claiming penalty Of ten dollars
those counts, probably under both.
M fonlinson-Msy 1t please your Honor, have only
read the plant this morning. 1t has locked up
within the archives OF this Court and of course could
not have seen II. now call upon the Corporation At.
torsey to elect upon which count he will rscs-
very; and submit that the judge cannot dance from
count to the other seeking twenty dollars for
one offence, snd that not given asking ten dollars
Mr.. Hsskns-The case adjourned to satisfy your
Honor whether any penalties had accrued to the plain
summons. ana If the gentleman has not seen t. his
Ia the result of bad habits In properly pre-
pairing for the trial have brought this for the
purpose OF Going away with the necessity OF trying o
large number NJ Others which Deepen upon the
Is.uls Of mis- have given every possible Indulgence to
the counsel to prepare his defence and say that
It Is my intention to recover under both counts.
claim that the defendant has violated the ordsauce Of
$40; and claim also that i'm posed By the State law
leaving to the Court to decide which count shall
Mr.. Tomlinson-I supposed We came here not 70 try
aSorporaton ordsancs, but the validity Of the Law
ordinance but if h, Insists upon recovery under
10th wish your Honor to place it upon the record
The Jutge-It strikes that Judge Morris hell
that the corpo, alton ordins nee vas invalid.
Mr.. TomipE0n-NOt tina. recolect but nv impress
no, hh That at IS Invalid that you cannot recover under
that uncer the corporation and ella 500 for the Of
isnes ccnmitted four times
Mr. hsstins-I will take Judgment in this case; IL the
take Judgment for Nsn.y .av. dollars ~ p'''' W.
poraton has the opportunity OF replying 1 should be
pleased to hear any suggestions he may make law
but fair that should have this privilege. don'tkuow
what Line OF arg iment he may adopt, and 1t would
what be to produce or present me with some o.
his proportions Your Honor well knows that the
cared this law imperative and we now appear before
what may bs considered subordinate tribunal and
snbsra n ate prosecuting officer am hs.s 70 Try
not been decided, may submit to the conolus he
Mr.. Ha.s,ni-I came here to argue this case as I
msnt Is incumbent upon defendants counsel and
save . right TO the concluding argumsnt.
The JIdse-Tsere no DOUBT as to the regular course
Mr.. Tomlinson-This 10 simply an aryu nent III
is precisely the same any other argument before
court.
Mr. Tomiinson to Mr. Haskins-well, win you let me
know il you had any law the casef You appear 70
NJ Hasii.ss, 1susains, HeVess you mind that.
just want you TO 60 on and argue this case just - you
ARGUMENT FOR THE DEFENCE.
mer OCCASION snnouncsd that this trial was an expert
buaa he seemed to ioos to the decision Of some other
10 satisfy the public mind. He anticipated that what
that it. in itself, would not be satisscory you de-.
termine this law to be imperative he to you
IN the BEGINNING that he saoui apply for its reversal
coLfdesce in the judgment Of this tribunal or,
to use a more proper expression we would have
Honors decision that should appeal from IL to ano
ther tribunal The counsel may expect that to be the
has deeply asitsted the public mind for Q long ums It
has invoked the attention eminent urts who have
their opnisasbut with far more weight comes the do
sision Of criminal tribunal and distinguished
Or integrity Of the profession to Which ss 6sisss, We
must confess that are apt TO incline to the interests
and Recorder It is diasrent-their decision comes
With great force and falls with great weight upon any
discussed would ss.m ds to 80 saw snJsny
about the questions OF law involved In this trial. II
would De- fair however to that you have formed
that Jour judgment will merely be the expression OF
tat opinion Public opinion, I am sorry to say a.
America citizer-pubuc opinion, tor the reason
that all officers are elective, affects the honest judg
msnt Of the highest in Office, judiciary even not
being safe from its influence trembe to the gar.
ments Of our Judiciary soied by IT, Point to judge
who lives Within district whore the liquor interest
strong and powerful and would watch with the closest
scrutny his decision Popt me to . judge who lives
in district where the temperance cause s strong and
powerful and will also watch his decision with the
closest scrutiny Il springs from very nature
the desire Of the American TO court popular favor How
Ia It to find who ast independent OF this
Influence? how seldom do you Hod pohtician who has
integrity enough to oppose that which he believes to DO
wrong with the frpsss VI an ndomitabls Jackson,
An impeyQus C.ys This trial connected todayyes,
sn. moment since-wth scene, not In my presence-
am glad not here-thAt iavoked the Interference
Of this cosrt What did spring trom2 !. sprang out