The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-09

could be usefuiy made. have only said much re-
spectDg 1t deemed necessary In compliance with ths
tsstion to the law is nv duty to mention tSst -
respected this BENCH for whose opinions
have great deisrense has decided presiding Judge
inferior tribur al against the consttuionay Of this
Law but l not aware that he has 80 held in this
court 1t would afford the highest pleasure ny
brother and could think alike this question, =
vitality connected II is with al the relations and bus
of Life in this great city whose prosperity and fair
fa., both Of U.S. have no doubt equally desire to pro
Under the circumstances have concluded to say to you
gentlemen, what presume you already know, that II y
court and to act accordingly in the discharge Of your
duts By statute passed at the last session Of the
!. es % the
Sessions Of the Peace in all Of misdsmsaa
arising in this city, unless the accused ON being
brought before the committing magistrate shall elect 70
be tried in this court and shall give bail for his appear
accordingly unless the Court Of Special Sessions
shall the trial to be had in this court You will par
ceve therefore, you have Jurisdiction only of such
cases arising under the Prohibitory law az have beea
sent up from the Special Sessions In AL such cases, the
papers relating thereto with the names Of the Witnesses
win be found file in the Office Of the Clerk Of ts
court. When application shall be made to you Jour
they the only evidence of your authority enter
tain the complaint. am not that any such cases
exist but II any should be presented it VIII b ye.r
duty to them without reference to the cons
tutonal questions which have been mentioned. II In
dictments should be found BY you the point whether
win be expedient to put the accused upon trial before
the disputed questions respecting the invady Of the
law shall have been determined In the Court Of Appea
will be addressed with entire proprety exclusively 70 tn
Court and District Attorney In is the consN
tutional question proper for the decision Of the
Grand Jury which is simply ministerial not judicial
bocy So far the inquiry is impOr ant for
sent purpose it Is sufficient for to say generally that
all who sell keep for sale intoxicating liquors,
9r or in s Ss
complied with the requirements OF the second section
ss the df . excepting s an sssDr. are
hotels, restaurants. saloons. retail groceries and
stores and public places Of amusement who sell give
away keep for sale to be given away in their places
of business Intoxicating liquor, to be used . beve-
rage in large or small quantities. even they have COM
that it is immater ia for YOUR whether ths
liquor be of domestic foreign origin and that 1t is for
the accused to show the traverse Of the indictment
that the case falls within any of the exceptions declared
in the law These exceptions not of the essence of
the offence; the prohibit,on the exceptions
of the accused They must be established by tae de-
fence With this brief synopsis Of the law, will b
able to dispose integeny and trust correctly Of any
cases which may come to your notice from the Special
Sessions arising under the prohibory sections OF the
law. The highest number, gentlemen of which ths
TO- To find indictment II jurors at least must agree.
The Sheriff. or bis officer detailed for that purpose win
show you to your and provide you With to
necessary conveniences to facilitate the discharge Of
your duties
The jury then retired to deliberate and after some IN
important business the Court ned till this morning
Coroncr's Inquest.
FATAL ACCIDENT SHIPBoARD.-Coroner Connery held
an inquest yesterday upon the body of q named
Daniel Coleman who to his death from fracture Of
the skull and other injuries accidentally received by
falling down the hatchway of the ship Hadem lying
az the foot Of Wall street. The deceased was steve
dore and while employed board of the Ds tenn was
knocked into the hold BY Of goods striking him
the chest he standing the edge the hatch
way Verdict in accordance with the above facts De-
ceased native of Ireland and forty years of
age
BURNED TO DEATH.-Coroner Connery held an inquest
on Monday, at No. 10 Grand street. upon the body of
child eight years IF age named Adelaide Jackson who
cied from severe injuries sustained the 5h instant
her clothes catching fire. at the residence of her pa
rents. Verdct-"Accidental death"
TO THE EDITOR OF THE HERALD.
noticed article in this mornings paper, stating
that "a named Joseph Curran died Of congestion Of
the BRAIN produced by immersion in the water of tho
East river he having jumped overheard from the ship
Roscus in endesvor to desert her. he having shipped
while in state Of intoxicatioR," which, vou
untrue but the following the facts:-The deceased
shipped board of her in sober condition. three
weeks ago, during which time for his deseruen
has occurred but Saturday in dschargng his datv,
his loot slipped and he fell BY inserting Ill
in your valuable journal, You will obliRe,
Yours, respectfully, JOHN CURRAN.
New YORK. jan 7, 1855.