New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-08
TRIAL FOR LTQUoR-SELLIYG.

Il
-
Tie case Of Jsm6s Wallace, liquor-ieaicr doing
business at No 500 Eghth-sv up ia il regular
order YESTERDAY before tie Court Of Special Sessions
Judge Stuart presiding. The complainant the Rev.
c. J. Warren Secretary Of the New-Yotk Temperance
Alliance was preset With his council, +. 5 Capro..
The defendant was also prcsert, and representa-
! by Gessrs. d. r. Taylor AMI Theodore F.. Tomns.R.
| The complaint in this case IL as follows;
CO nc Cesas q Nee OK Charts J Warner rsiinE
swdr ,onpars the osh of Tsalr-sn A'.irs res ss a.
No. no hhs q ssid ny t,i ID, ;7h lag Of Jolly.
eaips guOr wss tbs comFsasi informed vsiye
heyss KEEP or pales 90 a and was hen ARD shero sois
Yr entitled Ar Act to- the prsser,io- N Iaer,s..nos
,sS s .,t sns conn hat tie sors
sept sre sold o. ssd time and place Quantity % whsy, and
Fisbthsv Aforesaid 70 the aid Tausn Ac ~ha.. oak
sre. h makes his complaint ana that SID
sid still de-. keep Intoxicating liquor aforesaid znd sells tins
As psee Eht5 AZ in aid City where iAe .ame vs.
s'oessd sud guilty Of the ofense Of keeping
% r,i. ~ s.a ats,s And somPisiaini artsf ss.
tie ct. crcun nucng the suspicion and besf %
f sale eouusry The provisions Of the sts;ute Aforesaid md
thar he occupies ae store az SD rrnber 10 nshts' and es
Is up he doI thereof and that IN said store ara
cssk tsIe and bottles having the appearance q aiming
such liquors. and Gao thai the sd herein e.fore named rsa
Alare ga the 9Th DAY of July 1855 - hs nsonnet
dcI onert sad depousnt believes ae buy sd James
so Ss h punt .S esH cary h. ss y os o %
whseoe TIC foP. ant pray pSss' ss' S ,ee said JsH-
such Mo son OF .oi sgeeshy the provisions thereof
swoln and 'ubscsbed IT, h DAY Of july 1855 before M:
true ecpy, JOHN oUACkESBUSH. Cerk.
Mr.. Tay .or asked for adjournment Of the trial
Mr. Toulinson said it had been their intention to ac-
knowledge The sac of the liquor to test the crns.itu-
tionaiy ofihe Prohibitoy Law; but acting under tho
advice Of his principals, he should contest oil the
points. He would prefer that the case be tried before
The judge alone, but the defendant vas desirous to
have il tried before q Jury lie therefore desired the
case to be Adorned 10 September. In the meantime
beth parties to the sui, who were members OF assoca
tOug-CithCr the Carson League tho Temperance Al
lance or the Liquor ncalers Society cOuli have OPP
poIiulty 20 consult with those bodies in their meet
ngs and elect 10 the FINAL position OF the matter.
Judge Stuart said that in all cases OF misdemeanors
III der which he considered this ease 70 Gene, 1t WA
desialC 10 take them up hi her gular order.
Mr.. TOml son suggested that the case lie over I'M
ii Tucsday when they could decide whether the case
he tried before the Judge alone in Special Sessions or
before a Jury in the General Sessions.
Mr.. l.. :. CapTon counsel for the complainant, said
thai be had objection TO the postpOnemcn desired
if the que son of the right OF the accused to move at
tnis lime that the compliant be sent TO tue General
Sessions continue open for discussion that the prose-
cuton would insist that the accused had no right To
make that motion in the Special Sessions under 9TH sec
ton of The act of the 10th of April 1855. That provis
ion gave him the right TO elect before the committing
magistrate that the complaint be heard and determined
In the General Sessions; that the accused had elected
b, fore that officer to be tried in the Special Sessions
and rs he could elect but and only before the COM
hitting magistrate he had already exhausted hsrghts
in that respect uuocr the section cited and the question
whether tie complaint shall be retained for trial in tho
Special Sessions be sent TO the General Sessions
now rested excuss ely with TIE court and complainant
The counsel also commended that the power TO send tho
conn laint to the General Sessions for trial was not
cor erred on this court TO be exercised the motion
OF the accused for lis own benefit but solely for pur
roees OF a public nature. Thai the contrary view
enabled the accused practically to make two elections,
where the statute geve him the right 10 make only
oue and thus enabled him TO do indirectly what he
could not do directly that the accused was now by
bis own election in this court for trial on the COM
plant and for that purpose ory but the counsel SAID
be would not object to the p0sipOnement tall Iueeday
II these questions could eman open for discussion and
decision at that time.
Mr. Tnylor also counsel for the accused, said II was
true lis client had elected before the committing mag
strate to he tried in this court but he did 30 beev-
IL he had the right here of jury trial but that on
learning his euOr that point, he on the advice Of
his friends had reconsdered the subject, aud now de-
sired TO he tried in the General Sessions BY Jury.
Judge Stuart said he was not willing now to decide
a QUESTION of such Importance. II the defendant pre-
fcfiod a trial before Jury, though the defend
ant had elected 20 have Il before he Judge he should
aesume the power pass il TO the General Sessions.
Mr. CaprOn and Mr.. johnson desired that this ques-
ton be lett open for argument before decision.
The case was laid until Tuesday next.