The New York herald., 1874-12-04
SCHWAB GRANTED A STAY.

Judge Dononue, OF the Supreme Court, yester.
day gave his decision In the case OF Siglsmund
Schwab, recently convicted in the Court OF Oyer
and Terminer OF selling liquor without license,
and sentenced to Imprisonment in the City Prison
and TO pay fine. An arrest OF Judgment having
been refused by Judge Barrett, before whom be
was tried, there was naturally. on the part OF the
large body OF liquor dealers. who are still carrying
on their trafnc without license and liable TO be
tried under q similar Indictment good deafof
anxiety as TO the decision to follow the subse-
quent application to Judge Donohue by A. Oakley
Hall and John McKeon for stay OF proceedings
and his adm ission to BAIL His decision, as Will be
seen IN the following opinion, has realized the
suit OF and stay asked for has been granted,
and this morning the question Of his release on
bail, as recommended by Judge Donohpe, Will be
determined by Judge Barrett:-
OPINION OF JUDGE DoNOHUE
offence Of ans hauor ~ whoa license aa
by the Court before which be was tried 70 thirty days.
Court as understand Is LANGUAGE while taking the
light M Of the tact that the prisoner had
been testing his legal rights.
unee and 70 enable him % do It, asks stay q pro
sseangs & ana mat 10 ~ tns d 70 ns oe @ 70
hgs and 70 admit % bail is not denied the only point
ereon vested IN the Court h power @ @ should Be-
ON m he eana na ohe ne p. r
violating the law, and ii they think they
soaea wRh pnny hst this act new aes
the offence Is offence, aud that the OF its
prior enforcement does not tall on the prisoner
offence. His far the points he raises
cerned Is precisely IL the law had just been passed.
and does not seem 10 me- therefore, on that ground
seem 10 should deprived of stay au
others who may be violating the law, ana who be
reached, tried and punished Will be encouraged by his
All persons who selling liquor without license
take the risk after the conviction and light
this that they continue 10 act as they have done
after this judgment thai the fu rgor of The law will be
visited them II they tried and convicted. II IS
rather harsh argument 10 to this prisoner You
think and your counsel respectable and able members
oil the Bar. think you have ground OF appeal Those
gentlemen, their professional honor. advised
you appeal and yet the Court shall deny the only
relief that will give you the power to appeal because
unless bail IS granted your sentence will be served
tenn of law which grants right OF appeal with such
Tesricton Is harsh and severe, that was
not the intent Of the law. The whole reasoning OF the
Court In 90 Barbour $50. To the contrary. There
nothing in reason or in law that this should be
harshy dealt with 70 terry those who within reach
OF the District Attorney and whom he punish II he
sees 1T The only remaining question Is there
who rebTsseHted the prisoner' think the points
1 e fas' ss sssr1 N n fns
this desire to impress all those aead a. S pan
was before eonvictip1 thar while the law merciully
allows party Convicted to review that conviction,
holds out license yolators of the should
the conviction be affirmed, the notice which the learned
Judge who sentenced the prisoner gave that all
offenders who should be before the could hope for
bail in the OF 81 5U pending the error and