The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-04
THE COLCHESTER CASE AGAIN.
our Buffalo Correspondence.

Our Buffalo Correspondence.
BUFFALO, Sept. I, 1895.
Mdon for Arest Of Jadgment-Arguments Of CcSae Ell
For and Againa-L spri.uolism Religioai-Jud0
ment Deferred, de-
The case OF Charles Colchester lately convicted in
the United statcs Dissric, Court in session this
city, the charge Of practising juggery without
censc called up last evening, and counsel were
heard Mr. Colchester In court with his counsel,
Josiah Cook and George b. Hubbard, ESQ., the prosecu
ton being represented by District Attorney Dart and his
assistant. Charles II. Tappin Esq
Mr. Hibbard the part of the defendant, moved that
the uigmen, be arrested and presented arguments and
cited authorities to sustain the following points,
Fsrs,-The indictment alleged that Colchester carried
the business Of juggle and performed by seght OF
hand The statute provides that every jugglcr shall pay
license foe Of twenty dollars and that every person
who performs by slcgh Of hand shall be deemed Jug
glcr Mr. Hubbard argued that to state the offence the
indictment should alegc the carrying Of the trade
and performance by seght Of hand sufficient TO const
tute tho exercise Of trade profession He urged that
the indictment contained no allegations OF the means Dy
which the alleged 'jugglery' was accomplished
Secord-That tho Indictment did not state the psrticu
lars Of the acts Of jugglery
individuals at separate scances there was no perform
aud no public exhibition
E,pvGa-That shat part Of the law which i'm.
poses license fee IA unconstitutional The constitution
permits Congress lay tsxcs nposts and cxciscs and
provides thai all direct taxation should be laid according
10 the enumeration Of the MI Hbbnrd argued
that license fec not tax duty, mpost or excise
and II either II direct tax, and unconstitutional
a. not according the enumeration Of the census
F;h-Tai the license law In ia application TO this
subject Unconstitutional under the provisions OF
the constitution that Congress shall mako no law re-
speeding establishments u religion 90 the free exercise
thereof. 60
Assistant District Attorney Tsppin, for The United
States In reply, argued that
Frs-A cense Is not only required FOR eersatn trades
and occupations but also for the performances OF certain
acts The defendant In the indictment Is alleged TO be
uggler and also have performed the acts which by
the statute are defined to constitute juggiery.
yecopd-It Is alleged by the defendant that the acts
claimed constitute jugsery matters pertaining TO
the exercise Of religion aud that there was no public
performance within the act OF Congress. The jury has
decided that performance IL public and by seght Of
hand and the Court interfere With their hnding
District Attorney Dart maintaned:-
Fyrs-Thet sufficient In oil statutory offences TO
ating t. and thai this ndctmcDs B In that language
yecmd-The question OF fact, - TO whether - not this
was jugglery question q Act submitted 10 the
jury and has been passed upon by the jury against the
defendant.
7Asrd-rhe attendant carryng II on NJ q trade
business profession In which hs claimed that be was
moved by supsxor power The jury have found hi'
performances 10 have been by ssighf Of hard which
not tho groundwork OF any religious belief and conse
quenty the provision OF the constitution allowing free
dom in religious belief IL not infringed
Judge Hall reserved his dectson TO another time