The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-08

ACCUSED PARnB SHOULD HAVE A PRELIMINARY HIA
nWAn0r.
Tbe Recorder In ohargsg the Jury spoke suostAnsiaily
a follows
yoOr assembling .hAa se Court should insuct sou In
resion 70 your Duties sno aso charge 20, particularly
In N laoo TO The violation Of oe-tAiD laws Yo, have oos
xspce Il a cy'mes that committed .isnin The jurs
dcsion Of the oty and o,urty OF Ne~ YHk. There are
certain o,es Of be gade OF wh on, before
You csn s osU" cs.pss
relation to this mater for the reason tnat unfor unss
ly. th0e OH, rnce Of opinion between myself and my
sutjpcs should cosstder my duty. az TIE pvcsfsng
c6iesr Of iris curt, tcih my pssent undrHnnfs~0 ~ ne
tav, ,aoiams~s ,rs found yar ~ rsa.".anor J"rs ne
CON ming mdoiarGe 10 der those indictments 70 be quasA
80 far your labo,s ara cn.cerned, ioou6 b.
,cose Of Ae public time iOuestigats changes made ooain
tar,i,, uho had not a pr,l,m,nary ,pawin yion
He Then called their aentoa 10 ine statute against lot
,eries and tho unlawful selling OF tickets Al per
scns who engaged, either directly or indirectly 10 lot
teres liable pupis hment of nne and Imprisonment
BE also referred 70 the 10 sgsns usury and oxtoson bI
public officers. That offence coDsrtef 10 demanding,
chsre ing or reces log apes Shioh officers
Usd b, law. There hac been several complsns mste Of
ha' psrr~ and the PAYERS were sent to The Clerks o'e
Whether they acted upon by The Ast Grand Jury or
not, he unable sate but II they we're net, those
would be pres .ned for their confederation 5uon
c very grave beoau' the Victims ware usua
poor peopl-those who wore unable pay their debts
and who order 70 coll ct them, copsled 70 resort
o,felAw l. was hsrd erough for those unfosuna.e ndv
pa) such zines tho ute pointed cut without be-
ing compelled ray The extoton fines which we'o soe
inssnoes charged Tho Recorder sa led TO the ass to
preserve the purity Of elecons All violations OF thai cot
would oome under their cogp There would probs
bly, be cses Of thai kind this scrn ~ suere had not 70
GENTLY been any eIecti"ps.
The statute, continued the Recorder, Aho requires that
houd charge you In relation 10 the which passed
ut winter entitled act sup In temperance and
10 Tesn ate the sso Of intoxicating liquors undersAnd
that Ihere are nunerous under this Tue
ststute makes the violation Of Ia acs msdemeanor Az
have sbesdy charged you, unkn the cases we-e nrss
a. eli1uV m n
dicton Whatever over the matter will call your A.
ep espchsIy 70 ths law which controls this jso
probably there viii be numerous casos Of ths kind pro
ssn,ed 70 you. Provision IL made 10 ,his Aw against ell
volstiops OF the sct Nwss evidently framed with great
deal OF care, and ycs like many other ao OF 90 nps misc
essation, where there 90 gre. diversity OF opin1u
With regard TO existed In relation TO this so thore
has crept into some Of the wuopsl sectous or rather
words have been c out which almost nullfy what the
Of the Lssture proba ply was .. the time the
smed The provisions OF tho act for the punish
mept Of oil vi'lations Of II BY penalty 70 be sue
for under sections or the act, aod Ia other
Il Il nate missemeanor. But The most or tho csses
which sil be pveaened for Jour con idcrAto viii be
Vas us b. fore me some time since asd Alb gh me ooni
up col aeray, yet a. tho same time had coason
tofuly nseAuga the act At that hme and came 70 no
conclusion that Indictments found against pare, for vio
Aiou OF this act should DO pushed hey had no; had
preliminary examination before masiitrate |. renders
Necessary for mo, with my understanding Of the s 70
lsth section Of the act rcsds thus
wsosys, sha .s any .rong sp,i,uog. auor. wines
s.ps.n a. pertaining thereto ss. spasr Q. per an.
such liquors Or wn.. sc bin Or ord. % his te'aoa and
heu., yard or garden hereto be- rgog .hhoa, snx oo'
shall hr'.n ATTY dollars TOR each offence
rners IL . sbeoiac penalty provided In hs, ac sn9i
BY be made msdemesnor 70 sell Ia or out he for
eu penalty OF $50: By asothsr se'ton that -iusl be
Paid, a. II amounts 10 inprsonmcnt un,i II 10 pkd So,
aop I'll reads ~ folio .s:-
No inn averp or bo.l Keeper person sci,
WINS SUNDAY sny day on which scnsrs
.ssen or Sm-.a1 .s. . ssd "a .a, Sa. Vi
rsse 10 =. election Or % shall ~, Be yea,
when ,Sch sler oa o. own meeting Sss ssld w
.uy m saa on ION .,. q
IN The eoun JAIL worrsouse or penitenisry not moru an
To order W make mIscameanor under this so,,lon,
lend this The onl. sec;on whch MAKES gne selsg OF
nluor sunday misdemesnor,) woult have been
necerssry 70 have added any oihsr pcrson those
words are len out OF ths section and % H. making Is
misdeu plies 10 those uno are censed y 'e
10 bnkeepers tavern keepers uhs he Ish se,ion
spplies 70 esery person. Instead OF making II msde
meanor prttcbs this sngu anomalyin tho oac.
vheTe the parties have no nccnrc, penstg OF $50 i'm
pcssd and ~here they are licensed quar on Sunday
they liable 10 and nne. Wneher that
Intentional on tho pao CT th,so ~ho IRA moi W. or whehr
II Of those oversghn Will IN sometimes into
legislation, not matter with whon tns cru Jury
Rad IN DO Their duty simply 10 carry out those
Ju,,. rsgs 20 pou,s INTO noe. MO- o. .
that properly prssenedpreson ed jiog iols~
and the sIt enin secdon peiuod out hs OF he
presentation. The accused pArass have rgh, " make
ihtr election n be tried beforc magistrate thsy
o. 10 dis Ths pubic lost notni1f By his.
rhe Recorder concluded By reminding them that n sr
deliberations Shouts be kept teoret rhe Grand Jary then
retired 10 their room IN ohsrre of an ofnOer
HIGHWAY ReBBsRY.
will be remembered tnai ~ ins al djJurumsni OF the
Court yesSe;dsy t,e trial OF youth named John Andsr
for hishvn robbery was In progress was resumsd
terdsy morning, vhen counsel for Tho aocused called
witness ~ho proved that the com mrausst soasy drurk
si ne time he charged Anderson Nth ssssutox and rob
birg him The accused from motives Of hemauity, M ed
him frQm the grcurd, when be ebarsd wii, ssspg
money ON his pocket The Jury immedatelT acqu tied
the prisoner, vho joined By bis mohsr, csronty
VERY peciable woman. Tntre not beng any otnsr
ready the petit jurors we're discharged for the day
Brooklyn city Politics.
nxsrI a.