The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-16
THE COURTS.
The Question Of Selling Liquor
Without License.
CANNIBALISM EXEMPLIFIED.
Debate on Appeal Of a Cruelty to
Dogs Case.
Berg Discovers a Dog Working
Treadnill.

John O'Donne brought suit against the city for
IS, l38, for materials furnished the Harlem Court
House. The case came to trial yesterday, before
Judge Lawrence, OF the Supreme Court who dis
missed The claim on the ground that the Court
House Commissioners were the parties to build
The Court House, and II a regular department Of
the city like the Commissioners OF Charities and
Correction could not make the city liable for its
lcts, a. was decided in the Macmillan case,
less could the city be held liable Tor the acts
Of a commission which was not departmen Mt Of
the city at all.
SiRmund S. Peyer laid an assessment Of $424 rs
On property Of his own. subsequently he had the
assessment declared void and brought suit
against the city for the repayment OF the money.
Judge Lawrence dismissed the complaint on the
ground that, being voluntary payment In settle.
nent OF q disputed claim, he could not MAINTAIN
an action for its recovery.
John Courtney, in March, 1869, while In the en-
ploy Of Bonn Co., OF the Merchants Steamship
line, was injured by bale Of cotton falling on
hIn. He attributed the accident to the careless
ness OF delivery clerk in the same employ and
so brought suit against his employers Tor dam.
ages. The case has already been tried twice, hav-
Ing once gone TO the Court OF Appeals. The third
trial began yesterday before Judge Mcneil, of the
Superior Court, when the former defence was
ralsed-thar OF contributtve negligence. The case
% stlll on.
Nine. Jouvin, the French modiste who was in.
dcted, tried ana convicted OF having smugged .
quantity Of rich dresses and costly ladies' wear
Ing apparel of various descriptions, was yesterday
discharged from imprisonment, she having put IN
the iull term or sentence-three months. When
brought 10 the Marshal's office and Intercepted
rs TO the payment OF the nne imposed with the
m ho lnoAo ino m
pay 1t. This portion OF the sentence was RENTED
and Nine. Jouvin was discharged.
Edward J. Woodward. charged with embezzling
letter from the Post once, was yesterday put on
trial in the United States Circuit Court and 40
quilted.
Abraham Gardner, indicted in the United States
Court for embezzng letters from the United
States mail, pleaded guilty and was remanded for
sentence.
Joseph Clearland pleaded guilty to selling IN
stamped cigars and was remanded for sentence.
SELLING LIQUOR WITHOUT LICENSE.
The case OF Sigismund Schwab, which some
time ago was brought conspicuousiy to public
notice through his trial and conviction in the
Court OF Oyer ana Terminer on charge OF sell
Ing liquor without license was up for argu.
ment yesterday in Supreme Court, General
Term, before Judges Davis Daniels and Brady.
scnwab, as will be remembered, was sentenced
TO tniIty days. Imprisonment in the City Prison
ana TO pas t3ne OF $500. but after paying bis ne
released on bail BY Judge DOnohue. Meantime an
appeal was taken from the judgment OF the Court
OF oyer and Termlner, and 1t was on this appeal
that the argument has had more than usual Inter.
est attached 10 the case, 1t being test suit, and
pm iis final result depending the disposition OF a
most OF similar indictments against other parties.
The appellant was represented BY Messrs A.
Oakey Hall and John McKeon, and the prosecution
Dy District Attorney Phelps. It was urged in
support OF the appeal That the acts OF 1867
icatng liquors IN this city, create locate offence
Of selling liquor Without q license, that the IN
dctment was detective in not averring particu.
lar description OF the place where the offence was
committed, and that the place must be specified
IN auch manner as TO show that the Court mas
Jurisdiction OF the offence. 1t was further urged
That there Is no statute under which the defendant
can be indicted. Alter giving o statement OF the
legislation on the subject OF the excise laws since
1887 IN proof OF this point, counsel proceeded to
Excise had not liked license lee they were not in
q condition to grant licenses to defendant or any
other party, and that the Court having erred IN
refusing to charge that the prosecution having
ialed TO prove that Rnne wine Is OF an intox1cat-
lCg nature the defendant should he acquitted.
MI Phelps, IN MS reply, combated all the points
raised by the opposing counsel He claimed that
1t was only necessary to mention the ward IN
which the offence Was committed; that the sole
question was whether the defendant sold liquor
without license; that this TACT was Clearly
proved; that there could be no doubt as to the
and tnat the selling without license any sort OF
wine Ia clearly within statutory prohibition.
AT the close oil the argument the Court took the
papers, reserving Its decision.