New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-15

,, u ,vod have been 10 direct the counsel 10 90 70 the
a ~ he Cf, he cScuryo judge Of the law and the
orderly ard drcorous conduct Of VII "Duli 49, ~
obviously l" o ea%e should be scveray addressed .pe
y TO tat broncb OF the tribunal to waeh their decision
r fourth ground upon which this motion rests h. that the
Court allowed wi,nosg evidence Of specific sale q
nnr BIZ the def ndsn 1t his place Of business alter the aay
rgrd IN the indictment The indictment for carrying
on line trade or business &c. II was n tho nature 81 we
cas continuous transaction; and although day lad 10
10 oe-cl no ,e, TING Ia pey in.erial Ia such case, on
The proof The evidence Of this "e.s @'n' 70 ,o J
Tie eau ion FROM the Court that ' ct Of The sale made on
M ay testified 10 hy im not conclusive proof oil the
ct alleged IN the Indictment bnt only tended to prove T.
Tie day alleged tho 9Th. ind the witness stated ~
ind from NV minutes that the action alluded 20 ny MN
took place shou: the TN Inc fct went 20 te July
with the remark Of the Cont add essed to them tbe we i,'
osiGcd was only be regarded by them so Tar AZ ~ te1d
prove Inc business carried On ny tnr crienuut ~ We
IN question before the Oh Of june The idct tha TIC
de ulnt sold Tie lne-s glass Of luor ON the IN nom
onf occupied by hm, and n bsffoom IN tna s1ol
fitted up with all tho raraPhcrnaia OF resuia re3l qSo
shop certainly tended 70 Provo hat the same bHsihess was
carried on there the day before. T.,
The fifth aud lost gr5end upon which new trial Is asked IS
Lo tia, the AZ iu u- the sen,c Is ssr' 10
a clause Of the Constitution II the United States which
Kali be inform tirsnsiloa. tho tnied siaes' The
Court s ofid iTth section Of the Set which rsc9g
Mics the s that oxScuiion Of tho law Nigh; be
srt and even te.n,f-rly rrye,'rl within the limits Il
.orc s1ri o. other or;oiyof the United statea and pro
,.des the collection Of he as the de scto
authority oC the Government sio.d b. feeebished therein
Rat thu recognition IT is fosr'bo hnf poO'Dr tar.
things By Congress urhes n, valid objection TO the Ia"
The law uniform and ,orobv conforms to thc Constitg
ton. f. validity doc. 10, dep,na rpln the ce!ey or uni
rny with which be icd in some disturbed ds
rc's Of 10" country. Tar laws both Stai' and Na0na sr
o9nired 10 D. unEnn mi. is m elementary principle OF
Il f.,sii r.,g ,,,. die soi'i f.nds on 81 inc4. Bu;
r novel doctrine that law. uniform IA t provisions con
a by The reiu.,l OF POT ion II those upon whom
TO prrysi r,n oaiaoou q foreign inyesion
within .a d.t Of the coan,ry would parayze tho Gov
aud peal The ntmcH,a law upon wich 1 eSil
The very resistance Of hi. defcndut i' far TO :he iaT
show thai IT, es.cnton he. not been uniio- o" II "sa
be ,obery aryued ira, tl. ias, h the Ien",rs ~.
upon the Validity Of t.rE Tie recog n - " -
by Con.rcss IN the a., iscf that s execution msL oe
foclby DELAYED in pa's a. tie Country V} COZ
81. individual. until pm. down BY eti cen 70 n9fe ale ~
a, be delayed b. tits defendant ~ eny netaoeT STUFFED
lse him until r. Enforcement oIcn hin OF t:m sn.aa 9e
e,rd through DE power snJ according 20 the form OF 'Dfi
Sore srggc.ilonr we've m.le lie Argument 80 70 ne
mover 81 Cougres 70 PASS law imposing license dy on
Tho no ere engaged in b.incsi which y sijec' ~ 9y
on OF the st,,ss These cgesiions have Jer ep.'a
~ nv Mr. u,re Srsor ard therefore Tcqgcc 10 dcafsion
IN this place. have aiyer he questions rHi.ri ~ ~
,rri4y would allow and A. entirely ,iihed thai th' no
iion shouh be- oss-r1'd ." all ~, r'mi. ,.,,, nr;,.
knor the Judge had rendered h- op'ion Assistant O''
NJ ieKeon rad spea behalf Q The priloneT ne
So. M. -, ,rft.r o. he seth Re- i,ut eud bad lone
good rice during t-o not 81 July H. rs vs.
GOOD nd he had been placed IN such position ot,vs
e con, lad .ui-ined The aw snd would sn-wrf
= Jos, 90 20 Impose bui .s P'nay on ~. affu.d.
.y Tes n,ye Seen consictsd Of c,rry ing e cuisines.
= retailing distilled ,plrt. end other lqdor 9.e N va.
rv vi.hout having taken out License s' feqra b W pe'
Of ousr-s. You Lave had Impartial tFia and o. t- co.
frtu,.s q ycrlc, Of The Jury no one who hfh u"
.boe CA have any Doubt Tho I,s'u;o uEtf "H'h you
rave been convicted osyc.i, cf"tourr. WIN W" our 70
hne upon you direct you q be ipison.d 70! 'ho
sse Of no, more ,lsn yes OF both have gwen y2
mu-h thought snd lie law 'f'e' -n, 49, q az
rt0u M tho Court have been .n-i0-I 70 c1cc Sc u '
t and manner ~Licl will bet sgh.er'~ ~" -nd' 81 s'c
d secure tina, obedience 70 The law which ia" o0ie sooo
81 rcgsliyely demands, , |
.vsfe s.n,cnro m,ts y.sdicaei upo1 many n sne'
The law which YOU i.v- r~f.ci e. obey .n-e" 20 np
and lktl,n Government which others are e-s'
In 10 .s.troy .Hd With rTsa; .sv'Ty uin You
not rrai~r than rpon millions who caiy -noiN 20
m pfo tons, Bu.lne-. ks your devoted q To sac OF
rir should be ,ae very lat - eape any shiie ~ 'o
prblc burdens. Yet Il diet some o. nose ~h' i'"S
Z .s tho o .enoa, In .seirs 10 avoid To jG'i aa Hi9d
crate tar imposed upon them. therefore c,' Ju'lhe1 IN
,yrs tAa, severe seE.eacs wogd 10; 70 without "tsniJ
reasons 10 support H. . ,,.. ..-t.,,., |
On a.. o.r hand have corsierei thA; yonr ooEVi'tior
Ard The exclamation % tie law given By tie Court may Gave
u,ary effect upon ho.. who h=ye Hitherto refused 10 com
M with H. under .omc motion that they were ~ some
~ h sscapa operatio have finally CONS 20 te COZ
cu-lo tie lesson Of conviction vii net De los, upon
nj en- BIZ ru-ou MD sentence you trust t1 IN
IN Ear b. ml.tstsu f.lch -i prove 10 be the c.se
80 who routugc II The a1 VIII nEd that y Is
.A.e whit shall rot 10 likely g l.l into ieco-d time
Tie Judgment sid sentence or the Cout IT, h; you Dc III
rri.or-d ~ ,u'y dag. end vay g~uss o 'iIy donN'