The New York herald., 1862-05-07
Court OF General Session.

Before Hon. Judge Mccunn.
At the opening Of the Court on Tuesday morning ID
Grand Jury, composed OF the following gentlemen were
charged by the City Judge
Robert 6. Hone, Foreman.
rohn T. Andrew. James r. Maaran
ledyard Avery, Cornelius Matthews,
Daniel Bixby, James Il. Peck,
uayid Close, Jool b Post,
sol mon r. Crosby, Archibald A. Peterson
Andrew Clarke, Gelrgs Rudd,
Albert T. Eastman, Gamale @. smith,
Phip Horny, Jr., Richard L. Suydam,
samuel 7 Kuight, Washington ". Thurman
James Is. Taylor, James l.. Todd.
After some Introductory observations, and the rsci,s
,r the which the Cour, is bound to rects TO the
Grand Jury Judge McCunn spoke thus reference 10 the
oct to suppress intemperance-
In charging you upon this question, would can your
nnrtcuar that part OF In regard 10 the
Keeping and selling OF intoxicating liquors on sunday
upon which have already announced my opinion from
hs bench In order 20 justify you, gentlemen in End.
ing true bill against any party charged with keepng
Or ssposng Of intoxicating liquors sunday evidence
3f the pos Tive character must be produced before
you showing that the party so charged not only kept
and disosed Of intoxicating liquors sunday, but that
the liquors kept and disposed Of publicly; that is
with open doors aud windows, exposed 70 the general
pubc and pubic ingress and egress 70 the premises o
The accused psrmttsd the the ordinary days
pf the week devoted 70 business
THIS public mode Of keeping dsposng OF intoxicating
iquors Sunday would be equally a. annoying 10 the
community and disturb the peace Of Sunday as would
the sale of any other article that day In the same
manner and should be strictly prevented The selling
pf tquers however. is not an offence IN ~
SELF and the prohibition Of its sale on Sunday, by the
legislature was evidently intended 70 prevent that
open sale Of IL which would necessarily disturb the quiet
), that day which not only by the laws Of the land
but by the common consent OF all intelligent communi-
ties il is acknowledged 70 be devoted. If, therefore
Intoxicating liquors be privately kept or disposed OF by
,pn or keepers and all public admission 10 their
places strictly refused and the usual quiet ef Sunday is
DOT in any bed then offence under the
statute has been committed. I would hero especially
call your to the Metropolitan Police Law Of 1861
under which the police authorities claim 10 act 10 regard
10 this question. Section az reads as folows;-sff
shal not be lawful for any person publicly keep
dispose Of any Intoxicating liquors upon the first day Of
the week called Sunday" And unless Is clearly proven
20 you gentlemen that any party accused before your
body OF violating this law has publicly kept or disposed
Of any intoxicating liquors on Sunday, no indictment,
rroporly, should be ordered.
have taken this occasion 10 charge you 80 particular
,y In regard 10 this important question because the vital
rights and interests OF very large class Of oomnu.
iiy are involved For Eve ysare this question has
geau aeta,ed but never deterpined and city has
s.n rs 10 tens Of thousands of dnlsrs Of expenses
srsus on, Of lhs immense amsun, Of pgsioa .hs, tbis