The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-11
THE COURTS.
A Penitent Milkman Imploring the Milk
Of Judicial Kindness.
COCKNEY TAR OUT OF HIS DEPTH.
Military Obligations Of Disbanded Militia
Companies.
WILL OF THE CENTENARIAN LAHRBUSH

The Unexpectedly severe penalties imposed upon
mkmen acknowledging the soft impeachment of
watering their milk do not seem be reshed by all
of the derelict tactical vendors Moses b. Ponsky VINO
pleaded guilty the indictment Of selling waered
milk, and was sentenced by Judge Gildersleeve pay
fine OF $780, and also to thirty days. Imprisonment
In the Pententiary. was yesterday brought before
Judge Donohue, in Supreme Court Chambers, on
wrts Of habeas corpus and certiorar sued out with
view to effect his discharge from the Pententiary.
Mr. Hugh Coleman, counsel for Ponsky, made quite an
elaborate argument Ia the lie insisted that the
penalty imposed by the Court was clearly in vio-
laon OF the Laws OF 1862 chapter 4G7, as amended,
Laws Of 1864, chapter 5l4, and all the acts
amending the same; that tho only penalty which the
Court could have imposed was line OF $50 and II the
nne was not paid then Imprisonment in the Pen
Tertiary Tor thirty days; that the law In the case sim
Knowingly sell or exchange, or expose for sale or ex-
change any impure, aduiternted or unwhoesome milk
shall be deemed guilty OF misdemeanor and on con.
vction shall be punished by fine Of not less than $50
for each and every offence and II the fine IS not paid
shall be imprisoned for not less than thirty days IN the
Penentiary or County Jail, or until SAID fine shall be
paid; that power IN the Court to impose both
punishments that 1t must exhaust one penalty IN the
alluded TO before resort TO tho other; that
statute points the terms OF tho penalty and 1t
must BIO strictly pursued, and that whenever a
statute creates an offence ana expressly provides
hment the statutory provisions must DO followed
out strictly and expressly. He then went on TO say
This Court In 1873 the same identical question
argued, and Judge DAVIS decided that the Court of
Special Sessions any other Court had no power to
iniict the punishment OF fine and Imprisonment AT
Tho same time that the first punishment would have to
be inflicted, and If the prisoner refused to pay such
fine then the duty OF the Court was to impose tho I'M
prisonmcnt. He then added that II the prisoner has
been convicted Of former like offence yet that cannot
initiate against him IN this question, as the statute
not make any provision applicable to the prisoner
Poinsky. As to the Board oil HEALTH he claimed that
II has no power to pass any ordinance making mis-
has already created an offence OF Ike nature, tho
Legislature being the higher and the acts Of the
Board OF Health being subordinate TO the acts Of
the Legislature. Assistant District Attorney Tracey
made elaborate reply, combating strenuously the
various points raised by The opposing counsel He
cited statute making such violation OF the Board OF
Health ordinances a misdemeanor and therefore
ishaoie oy me ana ,mprsonment Judge pononne
sion to-day.
HIS FIRST TRICK AT THE WHEEL.
case OF an amusing character, in the light OF the
contradictory nature or the evidence and the
OF teslifying by tho principal witness. up for
trial yesterday before Judge Sheridan, OF the Marine
Court 1t a seaman's case, the complainant being
James L. Lowe, a sailor on board the American ship
Southern Chief, and Captain Howard NJ. Hggin the
defendant The suit brought to recover 81 600 for
alleged assault and battery on the high seas The de-
icndant, as he appeared in court, was an object OF
some wondermcnt the members OF the Bar present
and TO the crowded generally. He
stood six feet Ave and half inches In his
stocking feet, and weighed 265 pounds avoirdupois,
and withal straight and the pines IN the
forests OF his native State, Name. The plaintiff gave
his testimony in the purest cockney and amused The
Court immensely with his reckless treatment OF the
Queens English. He SAID he joined the ship at LIVER
pool on tho Sd OF March last
''Pease state asked the counsel, 'sthe crcum-
stances of the assault /"
ION the 7th, II being watch, he replied, ~ took
my second trick at the wheel; they then bout
four days; the weather was lazy aud the wind hun
steady; the W eel Jcrkcd about Captain ggins came
halt and hasked me a-what was ADDING with the
ship; hi answered, Nothen zur' he told mo TO steer
close the wind; l 'ad the sails a-shaking,
he suddenly takes 'old OF my nose; then he lets me
ave an III in tho heye another IN my ribs that
knocked the wind almost outer mo; then the mate %
a'near the w'cel again to take club and club
my Cd hon.
.whal is the difficulty with your nosc?" pursued
The counsel.
.sAh no difficulty" replied the witness, looking
bewildered anu greatly puzzled, and after drawing
long breath continuing mo difficulty as al knows OIL"
AFTER the captain pulled your nosey"
"Ah, halter that hit wasn't as hit orter TO be"
Four witnesses swore that they saw tho plaintiff i'm
mcdatey alter the alleged III and that he pre-
black eye and that he complained OF ribs
.'Wh the difficulty with his noseY' asked the
counsel 81 didn't know OF any difficulty he had with
his nose." answered the Witness ''the only difficulty
he had was with tue captain. " For the defence the
captain be touched or laid hand upon the
complainant during tho whole VOYAGE. -Four witnesses
that they mcmbercd the 9TH OF March sea;
saw the plaintiff and didn't observe much
scratch upon and heard him complain OF his ribs
or that he had been abused by the captain, knew
nothing about the difficulty about his The jury
DOT but short time ana brought in verdict for
the defendant.