The New York herald., 1862-12-08
The Concert saloon Case.

Before Hon. Judges lngrahatn Leonard and Peck,am.
The People U.s. John Hart The Court rendered the fol-
owing decision the appeal In this ID. opinion
delivered by Judge Peckham;
PEcEnAM, J-This is virtually an appeal from deci-
aon of Mr. Justice barnard who discharged the defend
the ground that offence was charged against
him the Of arrest. The was before jus.
tcc Barnard habeas corpus and here review
cetioGar The statute declares that All shall not be
lawful 10 sell or furn any wine beer strong or r
liquors 70 any person in the auditorium obbes Of
such place Of exhibition performance mentioned the
first secticn Of this act" claws Of 1892 p. 476 Tho
principle has been settled in substance that beer y
II this character and in such connection M st
mean ''srong iqucr-that is, strong enough with the
insnsarns ps,,so, or eemgm Whether OBJ
duce ntoxication. (Bolrd OF Excise Taylor 20 N "
The warrant IN this case charged the defendant with
having sod "ager bier" II may be made appear By
proof, possibly, that lager bier is kind OF boor for
hidden by the act But that is not sufficient warrant
without other ayermeus. The Court cannot take lccia
notice that agor bscr belongs prob tied charac
class The warrant shod charge offence on its
fasewhat the Court can sec is an ofeucesh hould dis
tncy state the fact that showed the violation uf tie
statute IL would have been sufficient charge the
defendant had sold "necr in the prohibited place aud
thcn sustained the charge by rrovn: tho sale Of lager
bier II lager be, from It's properties within the prohib
ton or the warrant might have charged BY avernent
that lager was o. that thiracter OF beer But there ~
nothing now u tho warrant that shows either by fact OF
avensnt, that "lsccr bcrn within the prohiblion Of
the act The order Tor defendants discharge was there
fore right, and is affirmed.
IL
Before Hon. Judges ingraiau, Clerke and Bernard
n. Pccpls %. John .HaUch-rhc prisoner was con
vcted ut tho General Sessions OF keeping disordery
house At the trial the prosecution was allowed 10 show
from reputation the character Of the house in which the
prisoner lived. To this exception wac taken and the
matter was argued before the General Term.
Judge Ingraham, In delivering the opinion of the Court
ssys have been able 10 understand tae principle
upon wb ch such rule established. Where Tho
question character there the rule has been settled
that II TO be by tho'rcpuiaton In which per.
is held by his neshborr Yet there no Judge who
bas times the injustice Of this rule cases
where witnesses have become csasperaied at individuals
from some private canse, often ~ non pay.
mcnt ci debts. and who, on nat ion, have
shown tbc.r pinion OF a man serharactsr has been
formed from s,.eb rather than from bis general
reputation. There s no other offence whsh general
crme and when reflect how such reputation IL made
up, moi proof OF facts frsm the relation of
actual occurrences but rather from Crsp tale
preJudices and other similar means we may we'll hesitate
at the proprsty of periting such idcuce be su
icent % blast a mans character conegB him 20
prison The dlcuty seems 70 DC In ascsrtainng proper
mode OF proving such will make out the character
under OATH the evidence upon which indy duais
Of doors, not under oath, make up a mans general
ono hears story, another hears another
story and these repeated from one to snoihsr until
they become changed into proof of general reputation
OF taking ~ second third or fourth hand from
bers Il would be better 70 submit u the Jury series
of occurrences the bouse, from which they could form
warrant the conclusion that the general on
house such as 10 bring IL within the description
Of dsorderIy house.