The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-07-03


pascis tribunals qsea eourt marsals az :. ,,v, -.
formation NOT even in the New F. ~ res0as and IN.
there 70 be found such odious ssAnd aacr law were
peace oiseI 20 enter s,sss ass seize and destroy
oooo of % the owner possession SS ana
t We gave LAD a 70 ase his Excise oct out Of
Anr on ana oroe OF the decision OF the Court OF
dincsv hsa state in the case Of Wynshamer wn ,s
n'I that any Law upon tranc In nquor "hiou
ssss .tber by express implied prohibition, de-
tInci,v quality Of property land which case ans,
.hs w ,cognlzed liquor propertyh or deprived
me .hs W zen Of his legal procedure in defending
can| property was unconstitutional ana yo n, "a
fusion sustain the 1cs 81 Of isss Violates
the bill OF rights by deprvng witha the instances pc
fore mentioned, the citizen Of bis liberties oy sexns
his property without due process Of w oy virtual pro-
hibition preventing hts dealings Win his own propsry,
and without dne forms OF law or without providing que
opportunity trial. beng heard upon the seizure OF
| his property And furthermore by implicitly combs
| eating the same as punishment TOR happening IN
other ike indictments Of records the same decision
may be entered upon motion
When the decision was rendered District Attorney Hall
roee and said, addressing mis- Honor Judge Russell
gentleman at the bar just about 10 make mo-
tion which perhaps your Honor aa not x ,.
| Excise act which has just been reviewed BY the Re-
corder proceed quite strngenty and rgdy under the
act and therefore, the discharge OF my ofcia duty,
had noticed ali the parties who under indictment
under that Of this morning. as the usual practice
of the Court plead the indictments that had been
found The irst day the Term your Honor knows,
ia the usual day assigned for pleading am given to
understand by the several counsel who are me-
that The court Is quite crowded with these defendants
and therefore relieve the Court and enable to pro-
coed with Its business is but fair and just should say
that long the decision OF this Court remains unless
your upon having reviewed before you should
think adversely that which hes lust been rendered
course out Of respect 10 the Court should not call
upon any defendants like to plead Therefore,
il honor desires to look into this queationperhaps
you already may have done Sol can adjourn theee
cases until some future time
Judge RUSSELL have not read examined the act,
and OF course 30 far the decision OF the Recorder is
concerned II would be controlling. intended to have
suggested 70 the District Attorney that the cases would
probably go 70 the Court Of Appeals and would be bet
ter take action any indictment until got
District Attorney Hall-The Supreme Court cannot,
Dor '' next for ! had an interview with tho
presiding Justice In relation to the uDconstitutioD
slity Of another aw-ihe boat actIin which some
general term for the purpose OF hearing the peoples
appeal that There will be general term
sion could not be reviewed till then Therefore, in re-
spect this last suggestion may 70 the coun
sci who are present that they may discharge their clients
Mr. McKeon-I represent number Of these cases, and
would AK that tho be- aaasSed and that the
defendants be discharged Under the decision of the
nscorder ask that these men may DO discharged; the
10 throw the whole force Of this Court against this law
50 that there shall be no peence for the arrest Of men
hereafter For that ask that the District Attor
ney may follow this suggestion in saying to the Court
that under the decision OF the Recorder he 10 not author
lied to hold these for moment
Judge Russe-Wha says the District Attorney TO that
m0tionf
District Attorney HaiSo long this decision is not
reversed, shall not proceed any further.
Mr. McKeon-I shall ask that these men be dscharg
cd.
Judge Ruseel-They must remain in duress certain
length OF time before You make that motion. prefer
that the matter take the usual course.
Mr. Spencer-l counsel in Atty nine Of these cases,
and the last day OF this term shall move for the dis
charge of my clients
Mr. McKeon-In the habeas corpus case ian Indictment
against John oBrien), suppose tho prisoner Is dis
charged
The Recorder-Yes, sir
The counsel and defendants in the liquor then
left the court.
THE GRAND JURY.
As there was not quorum OF grand jurors present,
charged till Tuesday morning. when the requisite num-
SENTENCES.
The Recorder proceeded to pass sentence upon the
prisoners who remanded since the last term
Charles Phillips, guilty OF burglary in the second de-
gree, sent 10 the Slate Prison for ton years;
Gemale Kennedy, who pleaded 70 assault, with
intent TO rob- and Lizzie Roberts and Nettie Brown,
fashionable shopers each sent 70 the state Prison
for i've years
Edwin Seymour who pleaded guilty 10 burglary in the
third degree, sentenced by the City Judge 70 ave
years imprisonment In the State Prison
John Jones' who found guilty OF picking pockets
was sent 10 Sing Sing Prison for -four years.
Judge Clerkc Thinks the Excise Law