New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-14
COURT OF GENERAL sEssIoNs-srPT. i2-BefOre

COURT OF GENERAL sEssIoNs-sEPT. l2-Before
Judge RUSSELL.
INDICTMENTS AGAINST THE SUNDAY LIQUOR SELLERS
SHALL THEY BE QUAsBEDf
After the orgaiz alton of the Court, George Wilson,
young boy of IL, convicted on Friday OF petit lar
ceny, first brought for sentence and sent to the
Penitentisry for six months, when the adjourned mo-
ton TO quash the indictments pending against large
number Of persons for selling liquor on Sunday came
up for consideration.
Mr. ID. Is. Taylor appeared for the Liquor. Dealers
AeestGn with MessIs Phillip: ard TOIn; con
for parties STons n1s yns he ss Tg
examined the subject before him. aud he apprehended counsel
At once 60 brief aud clear that tue Court would find no
embarrassment in reaching the conca:n once 70 quaSh
Ssy had Issd the 9ss and then read
been found by any Grand Jury II admitted that this in
de.ment wss pedcsted upon the twenfrst section Of the
slhoash the learned district Attorney who framed possessed
x 4d q GSSS ss ss es .ts @ e
eot Of the character presented TO this Court That
sale intoxicating liquors misdemeano II seemed that the
history Of legislation upon this subject had been Of that
ths,aes., 49, that be passed upon this sa6e:t,
Tor was but two years since this csmaSn was aroused
10 y bs Of an act which was q
%pps. y well we'll 1a9wn , sss h s1
i and Win The approval Of an intelligent
g. H. d. ,S% S the mas s 6
wounded sensitive feelings of 1000 reputable citizens who
s.Psd the hope tina, the Ssd next aas 1S
would ag Pom Ss views on the 5;cc ypier discussion
Ma taken the form of decision in the public
nav % "a vb.t reason the District Attor.
d oa Ise o psa ss the before supreme
s sy , et and cencudsd by affirming tbs. the indct
%sn. Were worthless and should be discharged Mr.. Tsy'
IN snv ber remarks partakng largely personal
chass,e upon M Hail. aludins TO the time when the
Attorneys official term, and by implication charaeerlns MS
nomnsiion or reelection The intimate
quite offensive and seemed about as little related 70 TIE Tes
the policy the law which the indictments found or
MS stu more nd "a ho.tls 70 the
"Pcs:s::iye spirit Of he age" ...,.,
MY thps d hrs "a The law oi the
The following his points arguing that the indictments
sh9ur De framed under the 2t section of the &C.
70 and to regulate the sale Off
Tn. 10th section prescribe. and direct. the mode of pro
tne ION yo nf Tie n,oyson, Of the act and sbto
sss 90 far a. these concerned right the
Grand Jury n'Ots to orsnste an indictment III,
The selling Of n.uOI on sanssy or on sy 9sosf Tao T5
s,. ,sn. md in derosation of common law and must be
construed strictly.
(o) II onense not ndctabe at common Law prohibited
b statute ana e'Iou o. S u, & h ~
cssSsS san,t by Indictment unless in the msnner prescribed
(Whutons Am CT. p 81 JOurneyvs State Missouri R.,
so Com VI. Howss. IS Pietens R., 23l9 ,-,s-,.,.,,.
~ st o. 100 70 tne Cosd. OF Spee Gr ,h
ea,.s now under CONTAMINATION Is eoneeaed tha there have
been previous indictment and consequently
preliminary dstends1t: have not elected to
be TIED in the osnera sessions, and TINS Oo1Tt having no
The Indictment IL void and detective on il. face for the
tollowps reasons;
TAI ndictable offence under the Excise Law
he ne 18th section of the act pescTies pensy Of
$50 such oaen, 10 recover which an acon must Be
~ ne % nm. ,l nSp which these Indictment. are
,a p pss RAJ mo- inn tavern or hotel keepeT or per
:.a MssS.sS % sn 9GS s Ell or give away any n0h
The dictment Is fatally defective. 1t contains