New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-19
VI 10 the 3lst Of August

w..
IntOxicatioD. ,3El
ASSOCIATION HousEs-ARGuMEsr IL THE CASE or
SARAH SASLs.-Our readers will remember that about
two weeks since Captain HART, of the Seventeenth
Ward, made descent with a posse of men upon
house OF designation in Eleventh street. kept by Sarah
Sands, and among the inmates found lot only wealthy
merchants and lawyers, but church members, whose
reputation was high in the community. The keeper
was arrested together with al the persons found upon
the prsmsea; but at o'clock the night, Police
Justice Wood discharged the prisoners with the ,ep
ton of Sarah Sards, who was held to bail to answer
the charge Of keeping disorderly house. II was
agreed by counsel that evidence should be taken in
the CASE but the defendant admitted tina. she kept
house Of assgpa.on habituay resored TO 10y parties
for illicit Intercourse and Claimed that sdch placs 10
not a discrderly house within Il e meaning OF the
statute Upon these admitte facts the argued
csl Sessions yesterday morning before Justices
Osborn and Connolly, Mr.. Van Colt appearing tor tbs
people, and M. Spencer for the defense:
Mr.. Spencer sad the question fer The Court to pass
upon was, " IL house OF designation q dsorderiy
"house in itse IT, when conducted in an orderly and
peaceful manner, aud without any public exhibition
"cf in morality, iIdeoeDcy, disorder ?" lie argued
that there wac no statute making It SUCH and hence 1t
must be tried under The common law. The defendant
not guilty Of a crime unGer the common law, un-
ard TO be nuisance II must actually Interfere with
Il quiet the phys;ca! enjoyment of those ivng ia
the heightorbood. 1t was not sutlciebt 'ha' II
wounded the moral sense OF the community; govern
meIts were framed Ia protect the rights o penoa and
property and rot to propagate rersiolor morality
house OF assgnaton could only wound The moral senee
Of the visitors; neither the slght smell hsatiog nor
health Of those vrg in its vicinity can be impaired or
affected. In Crder discover any immortality, evep
the house must be Illegally broken into as 10 Che pres-
ent nstaIce lis private doors thrust open, and It's io
mates exposed to hcentious gaze aaa coid-piooded
brutality. .
An designation house was not )" awoy house"
il iaoke the elements Of I1!c, psnt faces profit
tutes uuarrcling, drinking. Nc. baTdy h0use Is
open i'll shsnine the pub. Gfcetc!i au assisna.iod
house on the contrary, docs aot disturb any one, aud
70 one need even know Of the enacted 10 IT, ur
Il led By curiosity 70 that which need Lot be PIC
tu.ed Ii s outwardy like any other tousei the par
ties who 90 into ard out OF II depoH themselves
with propiiety there is 10 fighting, no dancing
Even keeping disordery house is bit misdemeanor,
and to Ii ga1y break into house tie person sougat
must be charged with felony In support OF hi posi-
ard .Ia:s Kent Se 2 E;.''
Mr.. Van Colt, on behalf Of the prosecution said the
house Of the defe ndant admitted to be common
Lefort io purposes Of prostitution hnd hsoaay used
for such purpo,es TIE counsel for the defense had
argued that il lot tiscIdeny house, be hao PFC
tufed it sort Of pray meeting where there no
indt cency, NO music indecorum; ard he might
have added upon bis theory Of the case thai II Is
place Of the striceet morality. He asked the Court
10 uCte bis de 6noD OF disofderly houie as plea
bic to the case, which was that any house kept ana
used az resor foT disordeiiy persons. H.
disorderly house." The question was, WHO are ols
oide,ly D, ed secton first Of tho first Revised
Statutes specifically answers the question Among
tie IerssLs enumerated as do'dery are pfosutuses
and persons keeping houses for pros'ltu'es ine ae
f ndart wa. the keeper Of bawdy house-s souse 'of
the sor Of prostitutes. The opposing eounsei mea1.
to argue that pertOrs resortiDg to esigneton u9uees
are not common prostitutes. But be argGed thst they
wire. What is the common character OF persons re-
sorting here2 They are generally IDLE, vicious ani
bad members Of society. Judge Bronson had remarkel
in Deuo l0I, that he had 10 doubt ganolog
bouse might be indicted ct common law, oec1ts1 Il
draws together i3e persons, aud tends 70 puDte US
order Houses If aesgnstion are also resored 20 ~
lille persons anc their teaGelcJ i: clearly toward puo
lie oisoToer. a..
NJ Van Cot dwell: at considerable ler 9Th upon tbs
point, and closed Lis argument as putws:
Z" II will rot do, your Honcrs, TO gloss th's o'ei
with the fne-spun phrases OF counsel Tie place l;
a,es,rt for pIostitstes They may uot have reached
TIE lowest depths Of degradation. but they are usSei
IL this grea. city o. ours wi It's inmerse popllaaon
u any Of them are young, and coming here % io'I
habits for life. l ss2 you if there IL any te liPsasos
Oitn 20 young mtn 81 common ana utes,Sro.
bCte houses, whatever you cal them Wns'a.t
here Is any one thing which much tempta CLERK. 70
d:stonesty and blssts their good name
'erds go surely to the wreck o. moral onarac'e''
his practice .r,
Horor, DO 10: work out .Ler OWL beceh NJ euees
They may be pe;fec. il theory bu.fIuis'ess 10 e.
The good law works lie bepeheerce hy 90 ril ~
nseistIacy. Although TIE functions OF toe C.un orc
coat I'd within the hsls otthe Court rom ye.I r.t
case is pu. before tie Ccr.t--~nen Is er gre W
eIstt Of ttese places Of evce evil tsncf L.
Is EFT to the Court. &c pure Court, ony VI
sbch IL 20 lay vislef! hands Upon those spA' u
prsctces." .toxve,
Nj Spencer replied briefly. arguing ia. Lo" 49,.
immoral! the practices IA houses ot ss-is ;,s -
were nevertheless pro.ectica 70 the comrgn.s!
irg az e6stty.vaive fer III, food Ile =. % Ire
hch ese would insult OF, wives and 10 NC
street s. far froG sacrificing ctsret'er a,' 49,
horeea save It b. providing en- cpto,u t.:, from
quiet and eecrt sratifcstcn Of tsst pssso1 noi
which, he sale. no. even mInist<'' CT t1e "''pe''
lawyers Or J.dess were eEsnpt- .n LA-s,.
Tie Couit &. aouro6d * OF o ceciso1 NV]s -
ta-ed On Tuesday Isx..
A1rrnpr TO CosxI1 sUIcrDk.--A German nsnsa
Fr1rsis wc-thug, sflcted with o'st,ss
10 ans kimssif Co rhursdsy. 10 Tue $3.50 ,ooL
Gers Officer Sai... Il the Sxte.str f's s.s NJ.
caasee Of ti,a a-t ooaveyed bin to TIE s~scse ~,
trct Coar. wd,e no ~ placed "a '"ss' -
L (htni