New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-14

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cfh.e State nsonJ {. mubis.pa asd be vss hapy re
.ss'eps1 ' ss sn' sss AZ. an ~: T
70 oce ,s.i coa3 be mined ggr5 p him ;a.' e. r 1.:
sea,hrs 5uiepque roay up11 Mr. I.IoTs ss.'ni so9.i
pros.ss ss,ns :ha: IL Old .uo' "a. zoe S'A lr
tnti9DsIiry now f.og.ins VI sy'5Is TaI
%sIGs q eo a% % he IL 1daa
proprietor Of grocery it' =. >. oI
.s nrr resrt. to hi. arr ia,eu: in reply 70 The
peons a1ns ofNf Tayor we're 10 a Is.Re' , ,s s y
gueny expressed sna Sere ,'n as mss s are he
foribe leral arsumc5 ~hh followed me io-." re
points Of witch the Dis'ric iti0feys trg nent o''e '
Cout able enlS ;cfneit; ,,,.. .,,.,,,, Tho
isdemesnor selling liquor Sunday The motion p'0eseas
mr., r,bo.. apr.lImip,ry srre.. ana holaipg bail
second The Indictment def.cve because chtri.' s'a
The sS,t Direction s.as he Tsh: Of he Grand orig
rate an iodi;tment Of this charsceT ana tl nS ,ybe
hose osgo; 1Id nd .s sssn
in this II legal ascie' With NeSl OF. cry Jsds
Of has eoatesy ,heS 30 IN. rei,
Firmly; All motions TO qcash ore Am or Law
isi Til, will boweveI qua.h an I'm
Iced must be very clear N he bar sad these are aysrred
against satu'e nev before b;auEh 70 Ig he CON-,
Court u, is ndsted the. the defeesD De ''A' 'H
.ay But TIE IN indictment G sbc 4cc6d Import
Da absolute s fae TO see Whist were the proceed
People .st G gs@2, I PssS BEHIND 1 the is
subsd that the 2sh secon u te EXese sw se;tes .ae
want Of preliminary action be correct at shall be the duty
Grand Jurors TO inquire INTO all ohnss
.ssr, the ,p ,cyS @ 1 Si IS o S e5 def
milton No @ III. the d9y of Grand ,s' 10 n8Te p;1
asking qnestons ebter) The section clearly shows that
tn: Grand Jury Gsas nS 81 s . Upon the
preliminary arrests and examinations taken Ihs specia Sc
ton its special ee t. a. intended but whou TINS
could Oranats, virtue
general power bestowed BY r. g. 3S2: Every Court o. ss
lawful of the county Of all crimes and msdemssnor'
commited or triable in such county
concurrent remedy only When Ocers make arrests. the pro-
Ss sres are made axe the Grand Jurs up
offenders by the insction If you please upbe
SfsS Gf PSaSsd%en zee re Grand Jy sad
liquor dealers and drinkers atnIss Ia and the 9a wheh
original indictment can fix its own amount o. bail ,osu
% TS dS s by the p b p
upon by magistrate eStfaotd9aIs conception ana an
Grand jury The meaning tina. when complaint
sdavit Of oene in wrtingl Is made toe party may
sSs S' Of PiT TRIAL at sSsc son But the
Grand jury to originate met co@psnt: en indictments still
Si1y The 2lst section orbids certain expressly enumer
SsS @ ns WITH ssnss
Revised Statutes makes the msdemeanor Them a, II to o.
wat. any such P% s
this section shall be guilty of msdemeanoT &c says WEEP.
person whatever Even If the objection valid, and
OF nnkeepe &C., and PEI licensed could be oteudsrs
status but matter for evidence ON the ta and
matter Of averen in the pleading (Whartons
Am. C Law 1887 The prosecution AJAX this Court 70 act
promptly in rebukng attep by specous e. d'tdHf Dgenue
override plain eDacmen,s oflaw. While true tht penal
construed strictly ia none the less true that
this construction be sensible and according TO the ordinary
etymoogy The Judge than the Jury should
indulge specuiations Laws TO be sustained possible
All Christian Judges have favored for the protecting Dies
Sabbath The ebuke by Sir Edward Coke WHOM 10 the fash
decry by emitting bis virtues Judge TO dwell upon his
faults prosecuor TO the ppant Shepard who made an
speech against bill for the Better Keeping OF the
earliest statutes this State contain stringent Sunday laws
and 90 do the Revised Statutes in fors-lsws which
equal severity Of prohibition, If not Of remedy aud punish
men Of the Blue Laws OF the severity nothing
Ita Ter eripta est But of this policy remark, they are
ethical economical They operate TO protect the Christian
the disturbances Of the prne aud vicious and
provide for bsrkeepers day Of rest seven
Revised Statutes CTS This uniform policy OF the law dcts-
ted the under which his proceeding Is inu
ted and the this policy and constitutional
and clear In enactment.
Mr. TAYLOR rose the conclusion Of Mr. Halls argument 10
correct Of his that the members Of the Liquor
Association had wantony violated the law The former
said sufficient efuon q that would be found in the past
the night those Indictments were passed that hsos
tioD Of the action o. Grand Jury passed esou.
tops e:9pins upon the liquor dealers to s @en
the Sabbath. , ,,
Mr. Tomnon addressed the Court a: considerable leLp
arguing that the late Excise law opposed TO the pnce
institutions and repugnsnt to the spirit Of the Consu
made by The Dlstrict Attorney,
hat LEGISLATURE the City Of NewYork noncntity
he aid that without II the STAT would be uonentity.
Judge Russell then took all the papers and expecte 10
endeT decision early day The argument this
continued from little after IL O'Clock in the morning till
n .. m. Adjourned to Monday morning at II o'clock.