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

~ 10 n.vs rrocuyed inunctions and In every
instance Of alleged transgression whore Immunity = NOT
expressly and distinctly secured py me Snhs inns re-
ysrsng the old common law axiom and visiting the sup
posed ransgressor with the full weight OF hetropomsn
wrath ,s not the only evidence OF this being inc sp
IN which the enforcement Of tho DEGREES Of the
Board IS being entered upon by those charged With this
The police continue to bring before Ire courts their
usual quota Of prisoners charge WIKI violating the pro-
visions the Excise law, Is though were necessary
thar each day q certain number should DO inundated
sacrhcal offerings 20 appeaSe the wrath Of offended
majesty in Mulberry street Many OF these arrests are
on the most frivolous suspicious and upon nferental
evidence, that II reoa upon to procure commitment
for any other onepce would subject the officer making
such arrest severe roprimand from the Court For In
stance: In the case OF Joseph Hill, West Forty third
street, reported in yesterday mornings HERALD hav-
ing been arrested Sunday after twelve ocook noon and
consequently locked up all night officer McMurray, Of
OF the Twenty-s precinct, who made the arrest,
distinctly that he ale liquor Of any kind
sold or given away upon His premises he states that
In company with officer Austin Of the same precinct he
approached Hill! Is place, and some men who were sit
ting on the front s,oop told him TO go through
yard, from which he saw q number OF people in the
barrooin He then went into the barroom accompanied
BY and gons up 70 the Ss s % h H
that he had nothing for sale but root beer and soda
water. NcMurray then remarked that he lHiID must
have ale for he tsicMunay) sme 1t, and Hill reoined
that he had just been drawing some for his dinner.
Officer Ausns statement IL substantially the same the
number OF people in the barroom being described by
him FOUR and stating further that upon No
Murray asking Hin II he did know that IL against
the law TO expose liquor for sale Sunday referring
the bottles the Shelves Hill replied that be did
know that he had committed any violation Of the In
permitting them to remain where they were, and II he
had supposed he would have put them away, and
Immediately commenced doing So William Devine,
who In the baroom at the ta1 that the place
his own knowledge that the statement made by
Hill that he had just drawn glass of ale for his dinner
was true, and that Hill his barroom with other
rooms adjacent as his usual place Of abode The
dismissed there being proof that any offence had
been committed. Another instance illustrative OF this
new feature the arrest yesterday morning Of Theo
dorc Trader doing business at No III East Fifty
street, who offended the delicate total abstinence
OF officer Kenny Of the NueIeenth precinct BY being
engaged in the emornlzing occupation Of bottng lager
without having previously obtained permission TO thus
employ his time or being protected in SO doing by
No. 739 Third avenue arrested for selling weiss beer
No CHARGES have far been preferred against parties for
uncertain bow long thew can expect 10 be- 20 exempt
The above cases brought before Justice Connolly
at the Fourth District Police Court Yesterday tho
first day Of Justice Connoys being called upon TO
anime into this class OF offences in his capacity OF
hitting magistrate and in the Of the morning he
took occasion to say that Jurisdiction superior to his
having decided against the legality Of these and
declared the alleged offence be- offence he could
Of court possessing the power oi reviewing and re.
versng action of his, to give different nterpreta
ton 10 question OF constiiutiona enactment TO that
which such had made and in the Of the de-
cs0n Of the Recorder cencdng with that Of the Court
of Common Pleas, his duty being then clearly Defined
this Excise law pending the final settlement Of the Ques
ton raised ss to Its constltutionality
The following additional Of offences against the
Excselaw brought before him the parties held
in three hundred dollars Frederick Kolp Third
nue. between 22d and 23d streets Henry Hartman, oS1
Second avenue Martin Gooderich 4O West Fifty second
street.
BEFORE JUSTICE sHANpLEY.
The following OF violation of the excise
law were reported at this court YESTERDAY John Iauer
1l6 Ludlow street, Patrick Reynolds and Patrick Buge
No. Monroe street. and John Workman, 1850 Orchard
AhrQD AFl4th A. Gou
East Eleventh street. Julia iwiic Of PAUL. Boulder, 1914
East Eleventh street. Charles Beauder No First ave.
Seventh street; Samuel westman 81 Hester street, Fer
dinand Celarus 90 Hester street; John Adelmann 106
East Houston street. Louis Gareade l4s Ludlow street,
over in rccognzances Of 500 70 appear 1T the next
term Of General Sessions
BEFORE JUSTICE DODGE
The following is list Of the persons brought before
Justice Dodge, At Jefferson Mare, Police Court up
four r NJ yesterday charged with breaches Of the Ex.
else law. they were all discharged on giving bail in one
hundred dollars each Leopold sand 81 Fourth avenue:
august Mas lo7 Bleockcr street Thomas Thornton HIS
Gossmeier, $50 First avenue; John Daley, 233 Thomp
son street, William Englsh 2ie East Seventeenth street.
alleged offences yesterday, and the remainder on the
day before.
BgYoRE JUSTICE BOWLING.
Justice bowling yesterday hold the following named
persons to bail In the of 500 each for violating the
Excise aw:-wm. Kobcncamp, 1s3 Reade street; Otto
street; Edward Kundob So Bayard street; Frederick
Mars, 475 Pearl street. Peter Beats 2A3 Centre street
Morgan sweeney, "a City Hall place.
CAPTAIN PETTY AND THE FIFTH WARD LIQUOR
DEALERS
Captain Petty, Of the Fifth precinct yesterday
ing made the following report 10 Inspector Carpenter
specng the liquor dealers Of his precinct and the effect
upon the public morals Of the injnnctons issued by
Judge Cardozo--
There twenty liquor places open In this precinct
to-day Sunday the propretors OF which selling and
dsposing or liquors In violation Of the Excise law They
are protected 10 their illegal and runous traffic, and
allowed TO desccratc Christian Sabbath by nunc-
tons issued by Albert Carozo Judge Of the New York
Court of Common Pleas, mort OF them served upon
Saturday night Several OF tho places protected
the resorts OF blacks and whites Of the lowest
most degraded Character another the resort Of heves
of every description, burglars pckpockets and robbers
and kept open until three four o'clock In the
morning Others grocery stores 70 which the young
child Is sent TO- buy for It's parents and who
frequently TO take It's first taste Of the democrat
zing beverage. Crowds Of persons have resorted TO
these places worshpping at the shrine Of Bacchus and
making rum their god.
Eva Hsrtung, wife Of William Hartung No 4se Canal
street, and John cherer Greenwich street. both licensed,
obtained injuncons for the purpose OF allowing them
TO keep their places open Sundays and after twelve
O'Clock at night Their places have been Visited by
large number Of persons during tho day and evening
Notwithstanding this free trade the precinct has
been comparatively quiet, although larger number Of
have been made for ntoxcation and dsorderly
conduct than any previous Sunday since the LIST OF
May. Tiue La LIerf, vtue Ls RUM
rrrvvy v.-rv,xy