The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-13
Sunday IAquOr sellers.
NOTION 10 QUAsH THE MDIoraRsrs TsoP
CoUNs1L-rHnIR FONTS OF LAW, HTo'
oouRT on GMRAL SESSIONS
nsNc TuA~~ pu~


NOTION 70 QUASI THE OBSERVATION-DISCLOSURES
C0UNsKL-rHnIs POINTS OF LAW, sTo'
ooURI OF GENERAL sssoNs
Before Judge Russell
Rrf. l2-Ths morning, according 10 previous arr nse
ent motion made 70 quash several indiossaenu DOW
pending against parties for alleged violation OF the re~
excise law, In selling liquor the Sabbath. Taylor
Esq, counsel for tas Liquor Dealers Association appeared,
in connection with Aess Phillips and Tomnfon, for the
defendants A. Oakley Hall, Esq the District Attorney,
was present 70 sustain the Indictments.
Mr. TAylor counsel for the defendants intro iuctory
speech ad that he had thoroughly examined the saaes
bearing upon the subject under discussion and app-e
hended that tie counsel for the defendan) would be
enabled pre- their views In suoh manner and 10
brief and convincing mode, that his Honor would
come 10 Z conclusion to quash these indictments he
pretended that intelligent community had read tho
excire law ard then read the indictment they would ne
struck with surprise ha such bill could have found
by any Grand Jury. Vas admitted that this indictment
predosed upon the 2st section OF the exc.e lay,
passed the last session Of the Ieg..ure AND although
the learned DS Attorney who framed possessed very
great and acknowledged ability 10 criminal prsrtce,
yet was = matter OF wonder tina. he could
rc.sr now presented 70 this Court That was tbs ars.
that had passed In this Sats making the sale
history OF Iegvston upon bis Iubc han been Of that
character that would naturally arouse close investss
iicn into ACT that might DO passed upon This beH,
to poin. amost unparalleled In The history OF urspru
depce the passage Of act which declared by tbs
Court OF Appeals 70 be uno0ns itutonsi, II vas we'll
known that that decision met with the appreciation Of all
~ho affected by in this Slate, and with the general
approval Of intelligent public Heoeaiured the Ds.s.
Attorney IN terms for his action In this matter
He Nhc District Attorney wounded The sensitive feelings
Of 900 reputable citizens who eng .ged In the
liquor traffic In this city by indicing 300 Of the he
pressed the hope that the aext Legislature wo1d abolish
thai old feuda and decrepd body the Grand Inquest The
Recorders views tho subject der discussion had
n6aut HOpUn ~ n In tna
mind. The speaker wondered what reason the Distric
Attorney wouli osr for brrg ing the cerorar before the
that toe Indictments we're worthless and shoald be dis
charged
himself elcnsivey the Law OF the He prcsen on
following points in favor Of gushing the ndct nents
The Indictment framed uneel the Il secticn Of the
act suppess nemperance and 70 regulate the sale Of
intoxicating liquors.
A The 18th section prescrbes and directs the mode Of
end abrogses 20 far ~ these proceedings oouceraed
the right OF the Grand Jary nero mor 70 originate an
(B) The serrg of liquor on Sunday. or on any other
day, with without ucerse, lot an offence OF common
law The statute IL penal and In derogaten OF the com
mon law and rust be construed strictly
(o) II an cnen,e no. indctabe al co nmon Law IL
h'btd by statute and particular method Of proceeding
given stau 70 ths method must sued, acd
snno be proceeded against ny indictment es in the
manner prescribed. (Whsrton's Am Cr l. p 81
Journey state, Missouri r. 3oa. Com vs. Ho@es, 10
The act OF 1855 gives to the Court Of Special Sessions
OF this city, exclusive jurisdiction In all cases OF misde
In the under consideration II Is con
ceded that been previous 10 indict
ment aud consequently no preliminary COMMUNICATING
sons this Court having jurisdiction, the Indictments
for this reason shout De quashcd.
Ill The indie ment is void and detective on a face, for
(A.) It's cot indctabe offence under the excite Law
ofIs57 FOR any person not licensed to sell liquor on ang
day Of the week TIE 18Th section Of the prescr bes
penalty Of $50 for offence whisn action
must be brought by the Commissioners OF Exoise
NAM. arc s.rsS rroxSe. ,bsi no inn t,vsrn n, nosl
keeper person licensed 70 sell liquors, shall sell or give
away any Intoxicating vnes or liquors on Sunday" &c
The indictment "a fatally detective II contains no aver
rrent the defend either INN hoei
keeper person licensed TO sell intoxicating wines and
liquors.
(C3 Where an OFFENCE 10 created by statute the ndcs-
mepi must be drawn 10 reference " srcn statute; aad
where the words OF the statute az In this Stance are de-
scrpve OF the offence the Indictment should follow the
yuage OF the statute and expressly charge the de
scrbeo offence the defendant, will be defective.
all The material words Of the sa,u,e nothing be
by inference. (wheatcn's Am Or l., Is. 70, 81, %
Ye.se.. 4sf: q w s..cssdsr, call ssT save v.
stock, i9i; saie Plunkes, ssevars IL s.aie Raj
FOR the Above principal and authority, the
motion quash should be granted.
speech. He commence, by saying thai IL due
self 10 notice the personal aluions which NJ Taylor had
and he would be unjust 70 his productions he did mot
say that the Sunday Liquor Law met win his hearty
currence He there was no statute on statute
book Which more deserved TO DO upheld by the oommu
nifty and by bis Honor than It, who 10 30 doing would most
usty deserve than the plain commentators which
ne had lately received from tue HERALD the Journal u
Commerce and ether newspaper The policy Of he cse
Lac followed the policy OF al ages, and II foosed NE
policy OF ethics and morality. 10 reply 70 the charge o.
fspauc,m be mantained that there vas f.naicisu OF
incompetence well ~ az temperance By aorogauoG
this Law saiurpsla Of crime and degradation would DO
iIat gurA Mr. Hall repealed the charge OF Nc Tay
lhal he eIceeoipgly ndaitri,us In dschsrgnx hi
duty a the termination Of his Official term. by stating tn
the Apr, anbiDs election in November nothing MI
except . member Of . political party He ~as not,
der any orcu candidate for any Office wnatso
ever national federal State he looking for sa-d
with gratitude tho time could 20 back 10 the
walk Of his profession 70 the bosom OF his family and to
private life There w1 no o,hos which could be nsmed
that night be proercd 70 him. but would he Immediately
declined by him,
me Dl,IIc, Attorneys arg ,men, was en.ens,n Of
Thr Ia a motion 70 quash certain Indictments charging
The sdeme OF selling liquor on Sunday The motion
Firsl-fhe indictment il found by tbs GrAud Jury ca
Dsctu Without preliminary arrest and holding q,
bail
seo,pd-rbe indictment derecivs, because n charges
sale, &c, ny person. without charging him % be ~
iapk &c .er, &c
me q objection sssas the n; ut Of re rsnd Ju-y 10
originate Indictment OF this character tho
objection pcu Ais TIE Idea tnAi only licensed
Clsno, ~hkt Hose unseusei CAMEO. offend Objections
sudscous (even 10 tais age VI legal hllAcies within
Nee York c.ty) sad esbaordnAry oemknd more oed
attention ause, recently Judge Of his Court has COL
nntiy-An motions % qus,h are Addressed 70 the dis.
Of me Court, end In The language OF wharons
Am. Or. Law 49," The Court all nos hosevoa /,
qussn Indictment ex,ep, la clear cSse" All aatnori
hes agree this rse defects aefsd must be very clear
In the N bar; and these are avered against 90 =
never before brought 10 the notice Of the Oou
II Insisted that the defocs be colorado, the Court will
lhea override the motion.
sesCpdly- Bat the indictment 10 clearly good The Coon
will no, look behind the in ticment (Which 10 record I'm
porting absolute verify its fsce) 10 ~bai the
preliminary proceedings people 70. Hsrbu DEMO- 1913
Thirdly IL the Court would 20 behind The indictment 81
submitted thai The 2oh section OF he Excise Ia
The validity OF he Indictment N everything alleged
corning the want or preliminary action be correct ="
shs he duty Of Courts " insruot grand jurors W In
qure into against the provisions Of This ao
AID present oil offenders under this aos" To present
" TO lpdlct" webster dcnniacn No ID II the duty
seek for uu or ormalon by asking quevona" web
The clearly shows thas ths Grand Jury most
originate II would be their duty with 1ut recton Of the
Legislature, TO Ind indictments upon the preliminary
resw AND examinations taken. The special must