The New York herald., 1877-12-28
THE COURTS.
WRIGGLING LIQUOR DEALERS.
Enrlco and Antonio Bacigalupo were arreatcd fol

WRIGGLING LIQUOR DEALERS.
Enrco and Antonio Bacigalupo arrested for
violating the Excise law, and .eng that injustice had
been done them, they obaneda writ Of habcas corpus
and certiorari secure thor release, claiming that
the arrest aud commitmen, were Illegal There was
quito an argument IN the yesterday before Judge
Brady supreme Court, Cnambers, Mr William y.
Howe appearing icr the reators and Assistant District
Attorney leary icr the people II urged for the
prisoners tnat they had not violated tho spirit OF tho
law. and tha. tho complaint DOT good nasinuch
as 1t recited that Bacisalupo sold OF caused to
sold wines and spirits This was ambiguous
ana disjuncive ana charged offence. Coun-
sci also said It absurd 10 spam cdicaly enforce
odlous law tho undcr which the present
arrest occurred II the police, suddenly alive 10
tue iac That The law .! lS5, was in exslcuce put tho
same stress on other enacimcnis they coad
child Tor selling IN grunge ~ front Of Tho Central
Park on the sabbath or the conicct oncr who sup
pcs turtle soup 70 tho arisocrscy on the Lorhs day.
ana INC sM.9n housSs wouia pe crowded VAN those
who had the iemiry TO ride and who could
provo that helr being IN IL railroad car
was lor cnAritape or a religious purpose.
1t was ur,her insisted that all tho Excise complaints
bad. ana that The justice now PRESIDING IN ms
equity powers Judge of the supreme Court couid
dsclarac ali those arrested tor tho sn-calied VIOLA
ton OF TINS statute on Their own rocogniz ,nccs, and
bv pursuing this course the matter could be hrll
cyancc untii the Legislature met, when II 10
hoped lcg islation would relieve tho courts and tho
people Assistant District Attorney Leary lor the
people strenGousy opposed the application, contend
ing that Tho law was should be oicycd,
the complaints taken against tho dolcudauts
were good ana sufficient arraign them Tor trial
Judge Brady said he bound ~ that police,
IN max ng those arrests werc only carrying out The
law as IL existed properly, ard thu he would render
decision ator car rclul examination Of the points
involved.
THE BANK OF NORTH AMERICA.
In the County Clerks Office was flied, yesterday
notice Of appeal from tho order Of the Court denying
tho motion send back tho report Of the referee for
further evidence tho facts tho case Of The
People oil the state against the Bank OF North
America. Ten drafts amounting 10 100000 from
various county treasurers, into the hands OF
State Treasurer. and wcro tho subject OF criminal
Tho OF Charles H. Phelps, cashier
III tho oiicc OF the State Treasurer. I.o or these
drafts were lor $4,000 each; these were in
dorscd In blank By the Deputy state Treasurer
In the o. Futon Paul, and both Of them
also written Phelps, cashier, and spay
other eight only indorscd estate Treasurer pay
sometnirg like $50 600, ana seat to the BANK OF
North America for collection TO pay over 10 J.. Il.
Shorwin Co. A SUIT was brought against the bank
tho amount OF ull the drafts The referee
held thai Fulton Paul had authorized tho Endorsement
Of drafts and that Tor those TWO ih Satc couid
not recover against the defendants but could
tho anpuut ol tho remaining eight drafts with inter-
est thereon.