The New York herald., 1862-03-29
The Sunday Liquor Question.

ALLEGED CONTEMPT OF HABEAs CORPUS WRIT
BY CAPT. rETTY IN THk CASE or MATHEWS AND
IRELASD--DECISION on THE COSSrIrUTIONALIrY
or THE LAW NOT RENDERED, ETC.
The Court Of General Sessions crowded yesterday
by the parties interested in the settlement of the
Mathews and Ireland who arrested by Capt Petty
on Sunday night for violating tho Sunday Liquor law.
was expected when the matter adjourned yestcr-
day that the City Judge would render decision upon
the constitutionalty Of the law but his Honor did not
do so.
As Captain Petty was charged with contempt in not
complying with the terms of the writ issued by the City
Judge that question discussed at great length.
Mr.. A. OAxEY HALL, ESQ.,, the District Attorney, who
was absent the previous discussions wing
tendance tho Court OF Appeals in the discharge his
official dutics) appeared counsel for Captain Pctty
who directed 10 show cause why he should not
ceive punishment for disobeying the writ Of habeas
corpus issued by Judge McCunn, he (rety) having
tanned Mr.. Alexander Matthew'S from O'Clock ia the
morning Of Monday till nine O'Clock in the morning OF the
Same day 1t was claimed that as Captain Petty
arrested Mathews he knew that Judge McCunn wait
ing the County Clerks Office ready TO receive bail but
that he refused to accompany Mr.. Mathews (who was
sick) to the CITY Hall and confined hun in the station
house. Mr. Hall argued that under no circumstances
could Captain Petty any else be attached by his
honor for contempt because no had in good faith entirely
beyed tho statute. He (Mr. Hal proceeded TO show
that Captain Petty had not been guilty OF contempt be-
the District Attorney was entitled 10 notice before
tho made, which not given and further
that he made the return within twenty four
hours and had complied with the letter and spirit OF tho
statute. Iu conclusion, Mr.. Hall gave brief recital Of
the origin the abcas corpus and said that
tiino ago he addressed communication to the police
justices OF tho city, calling their attention to tho great
hardship to which parties were put who were arrested
two O'Clock in tho afternoon Of sunday. the JUS
iices being III the habit VI adjournng at that time
After remarks from che OF the counsel for The
defendants who claimed that the writ should have beon
returned Immediately,
Ex. Recorder Smith proceeded, in q brief but able
speech to reply TO Mr Hail. lie said the great object
which he had In view was to obtain decision which
would govern Of this kind under similar circum-
stances hereafter. II appeared to him that, matter
Vi justice To the community, his Honor the guardian
of heir rights upon these judicial questions, that deci
sion should he made upon the Sunday Liquor aw.as
pssble and he that every police magistrate
in the city would be governed by IT, Mr. Smith tbon
proceeded TO speak upon the alleged contempt OF the
writ, affirming that Captain Petty was the first man who
refused comply with tho writ VI babeas corpus aud
maintaining that all the circums ances Of the clearly
demonstrated that lao wliuly failed 10 make
the writ immediately In order that he might gratify
malicious feelings.
Mr. Hall contended that tho arguments Of counsel On
the other side we're upon question Which he had not
reached This was not an application to his Honor W
punish Captain Petty for contempt, but a. TO whether
The attachment shall issue Mr. H. spoke at longth upon
the statutory word forthwith" which meant within
ty ycnty -four hours.
Mr Whitehead replied after which tho Judge directed
him to hrs attachment against Captain Petty.
Mr. Hal then said, lest counsel on the other side
shoud at future stage of this case charge HIM with
want candcr be would state that t his intention
to make application " the supreme Curs for order
Judge had right 20 habeas corpus, upon the
ground that there we're no proceedings bcfore him by
which an attachment could DO granted and also the
ground that the City Judge had right
tachment except instance, snd that where
return had bcen made aud where syasvs return
made. Another ground upon which lao (Mr Hall would
apply the supreme Court In tins matter was that
habeas corpus can issue In the time snd that
the signing Of q writ BY the County Clerk in
the night time was gross mshcasaIcc In
oficc. And Mr.. smith and no hal made
arrangcmeu, BY which tins merits VI ths might
discussed in q dignihed and impartial manner.
judge McCunn intimAtei that In did Why thc
matter could not be discussed In dignhsd manner be-
Mr. Hall suggested that 10 ws not very dgnincd 10
hold midnight court over this matter. IL wss, how
ever simply matter u taste: Tbs Judge repl,sd by
bus ness sick condition. hs dd MT think u lcssened
the dignity Of his Office IN tho s,shsst degree TO
relieve him from arrest (lhs remark occssisnsd ap
piause by the Interested auditory, which insnsd
atey suppressed by the Court-)
Mr.. Spencer asked the Judge 10 dischargs Msilsws
Ireland upon the law ana aon the merits OF else
not ~ discharge them ~ ALI aud urgst he Honor to give
an opinion uIon the sunday Lnuor law IN order ths, tbs,
police continue " arrest liquor sellers whv ia
auor priylisiy Sunday. Ho wished ~ have nlscal
construct the statute VI ls6p, which prohibits sr
tios lrora pubcly exposing hller or tor. unl.s
such decision rendered. thsrc might be atvnpl
made next sunday to arrest the same atios u.der sni
lar c.rc,fnst',ilces
,ns had been dscon eoasy sndcd, ai KaIa Al tsose
pnre. wore guilty VI any offence tufy gay under
tho old esese act No had niado Arrangements with
Recorder smith Ia argue the COT situtpDdny d Tho "a.
tropolitan Police act, whcy this question would arise
Mr. Spencer stated that the partns cOpefnsd "a shi
proceeding knew that Ny Hall hal atsi W gent <n "a
iy dgninc aud fair pannsf, apd that they o Agsstt
lated themselves that h. was psire, AsiornsH of "a
| county. . .
| 70 which time W. case ws SJpurnsA.