The New York herald., 1874-11-26
THE CONVICTED LIQUOR DEALER

SUCCESS having Gnaiy crowned the EXCISE CoI-
ra,ssiopers IN their efforts to convict q liquor
dealer OF selling liquor without a license, and 1t
being understood that sigismund Schwab the
convicted party, would be arraigned yester-
day morning IN the Court OF Oyer and Terminer
for sentence, the court room was crowded. Among
those in attendance were a large number Of men,
bers Of the Liquor Dealers Association who
naturally being liable 10 trial under similar in.
dlctnent, felt deep interest IN the fnal result Of
Sne case. 1t was known, however, that motion
would be made IN arrest OF Judgment, and very
sanguine hopes were evidently built on this. An
effort was made by Mr.. McKeon to have the argu.
ment on the motion postponed, owing TO A. Oakley
Hall, his associate counsel, being then occupied IN
an important argument In another Court. Judge
Barrett thought, however. that Mr. McKeon could
open the argument, win strong Likelihood OF
being shortly reinforced by his absent associate:
He mad nearly finished. however, before AE Hail
came in.
Mr.. McKeon took the broad ground that the in
dictment under wnicn MI. schwab was convicted
vas fatally detective. He argued that IL was not
enough to say in the Indictment that the offence
was committed in the Ninth ward. The ward was
described in common law cases originally to en-
aOie the Sheriff TO 60 there for his Jurors, who
but In statutory offences, as In Schwao's case, Is
was necessary to give the street and num-
Der, was evident from numerous deci-
Slater Slater. s' He contended. in in the next place,
that the indictment was drawn nnder the act
% OF the act OF 1866 and by the act or 1870 reguias
ing the sale OF intoxicating drinks. In conclusion
appealed to toe Court not to amend by its acton
detective legislation, but remit the matter to the
Legislature.
Assistant District Attorney Rollins. In reply
c0ntenoed that the act OF 1870 was sufficiently eX
plict TO show that they intended TO revive the act
OF 1857, and he commended that IL was wholly un-
necessary to give the street and number. suppose
the house had no number, was the peader to par
tlcuarize py descriptions. such as, 'the nrst house
down hnnsa
0reen blinds and bald headed man sitting on the
steps s
Mr.. Hall closed the argument IN support Of the
motion, enforcing ably the grounds urged by his
associate.
denied the mouon on arres: OF Judgment.
Mr.. Rollins then moved Tor Judgment on the ver-
dict.
Mr. Hall, for the prisoner, urged delay in o, der
TO have time TO prepare bin OF exceptions, and
also urged various conscientious, saco a. that
htbitum or In other words a police regulation.
Mr.. scnwao was ordered to stand stand up, and being
asked tie usual questions, Judge Barrett pro-
ceeded to pass judgment, as fo!lows:-
THE SENTENCE
You have been convicted by An impartial jury,
wail and carefully CHOSEN, OF the offence OF selling
VINE without license which is mis-
A vssea IN your % Case by the deuberste 'esa eSa1
acter Of the resistance you made to the
There are considerations however. which have
been addressed to the Court BY your counsel.
will prevent me from imposing the full measure OF
punishment W n1ch am authorized by law to do.
and have made up my mind In this case not TO
lnnict the full measure OF punishment, nor even
TO in1iet degrading punishment because the
offence was not OF o charac' er which, as the law
says, was bad in itself At the same time, imposing
as intend a mid and lenient tence, / wish 1t
understood that am making no precedent for
the 1uture, ana ii such cases OF violation OF tho
Law be brought before tie Court, and spirit OF
organized resistance should couttn0e, the Court
Will unhesitatingy mete out tie fulI punishment
which It IL authorized by law to do. In your case,
doubt whether should have inflicted more than
line, but for your own course. You aggravated
your offence not only by deliberate violation OF the
law but, Ia the judgment OF the Court BY evasion
aud prevarication on the witness stand Tor the
purpose OF impeding the administration OF justice,
and cannot out LOOK with disfavor on the char
acter OF the testimony gave coming 80 closely,
to my mind, to perjury that IL requires subtle
mind 20 perceive the difference-stating that this
was German cider which you bought, when you
must have known In your heart that 1t was wine.
you had the counsel to present them, but you
reasons cannot feel justified IN awarding merely
q nominal punishment, and at the same time
shall not send you to the Penitentlary-a punish
ment which would be degrading. On The whole, 1t
Will be just and lair and lenient to sentence you
TO thirty DAYS In the CITY Prison. And the sentence
OF the Court IS that you be confined IN the City
Prison Tor tnc period OF thirty days, pay Gne OF
$500, and stand committed until 1t he paid