The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-25


oES HUNDRED AND TWENTY-FIVE TrDroTMaSrs
AGAINST SUNDAY LIQUOR SELLERS ouAsHsD.
Oct. A-when the Court was organized this
morning a number Of prisoners were arraigned for
plea, among whom was James McAlpine alias Lieu
tenant Colonel Marmaduke Reeves, charged with
obtaining money from the Accessory Transit Com
pany by false prctences In February last. He plead
ed not guilty, and was remanded Tor trial.
James Rodgers, indicted yesterday by the Grand
Jury for the murder Of John 5wanston in the Tenth
avenue, was also placed at the bar and asked
whether he was guilty or not guilty Of the charge
Rodgers muttered out some words which were not
heard distinctly at the reporters table. He was I'M
derstood to say, III don't know; was drunk at the
time
The Recorder requested, q member Of the bar u
take Rodgers aside and advise him OF his legal rights
Rodgers said that he supposed his friends would
provide counsel FOR him before the day Of trial. The
Court assigned George D. Keog a. his counsel, who
entered plea Of mot guilty
James Nugent pleaded guilty to stealing boat,
and ives sent TO the pebitenHsry for SIX months.
Richard Rkeman pleaded guilty TO stealing two
sails Penitentiary three months.
noTios TO ouAsH INDICTMENTS AGAINST SUNDAY
LIQUOR eELLERs.
Theodore b. Tomlnson appeared "a counsel for
the Liquor Dealers Association, and moved TO quash
LIS indictments found by the present Grand Jury
against liquor sellers for alleged volston Of the
Sunday Liquor law. He said IL Was unnecessary for
him 10 discuss the subject, as the propositions in
volyed were plain and obvious, and Judges Harris
and Wright, OF the Supreme Court, conceded with
his Honcrs previous decision In the mater.
The Recorder inquired IL the form OF the indict-
ment was the same a. that upon which his previous
decision had been rendered.
The Assistant District Attorney-Yes, sir. He
said that Mr.. Hall, the District Attorney, com
PEELED to leave town last evening and reque tied him
TO attend TO the matter. lie inferred nom The mo-
tce OF motion served upon him by Mr.. Tonnson,
that II would be made on the same points as were
presented on the argument before Judge Russell
This motion was In the discretion OF the Court, and
as that vas the case, the District Attorney wished
TO suggest that, he awaiting decision o the
Supreme Court on q ceftiorsri the Recorder
would Law over this motion until TINT decision was
rendered first as a matter of expediency, and
condly ss a matter Of comfy and respect to bis
brother Judge.
Recorder Smith said that in the first charge he de-
lyered 70 the Grand Jury after the passage Of the
excise law he stated that under that law they had
No rcbt 10 find indictments unless the question had
first been submitted TO magistrate. knowiag that
this was an important question, and that " would
necessarily come before him, he examined the Law
very carefully and understanding the the statute 80
Clearly ss he did he considered II his duty to ex-
press;y state 70 the Grand Jury that they had no
fight to initiate the proceedings under that act The
offence being q misdemeanor ana tne manner IN
which accused parties we're to be brought 70 justice
pointed ont. the statute would have 70 be co npcd
with before the Grand Inquest had right TO inter
fere. He (the Recordef) did not think ne weula ps
infringing upon the rules Of comfy II ne decided
differently from Judge Russell. Before Judge hus-
sell rendered his decision the question came pcsore
him (the Recorder), and although " was not neces'
sary for him TO pass upon the whole question on that
occasion, yet az he was aware that the question
would come mp In different form, he CONSIDERED y
rght and proper 10 give his views upon that section
OF The law (the section relative TO selling hquor on
sunday. The case was certiorared and was
now pending before the Supreme Court o.
this district Since the decision which
he (the Recorder) made in that case, the
same points precisely were presented and passed
upon py Two very eminent Judges (Hafris and
Wnghp, confirming his decision. These indct
ments having been found directly In the face OF the
directions given by the Recorder to the Grand Jury
in regard 10 the lay, he thought he would not be
dischsrgiug bis duty II he hesated a. the first op