Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-06
TIE SUNDAY LAW.
The Third Case Tried and Verdict OF
Acquittal

Cantwell, for violation Of the Sunday law,
was called in the Police Court. Judge L. b.
Mcfarland appeared for the defense, and
Major W. A. Anderson for the prosecution.
Judge NIcFarl addressed the Court and
said that two representative cases had been
tried, and that a verdict Ct ac4uittal had
been rendered in each case; that it was evil
dent that no conviction could be had, and
that the City Attorney could only hope by
getting some special juror in a case to have a
hung Jury. He claimed that the public SEN
timens did not demand any further sacrifice
of time on the part of the jury, and therefore
asked that the other cases be dismissed.
w. A. Anderson, City Attorney, replied
that he could not consent to dismiss the
other cases unless he was satisfied by the ex-
preston of public opinion by the people, or
through the press, that it was not his duty to
proceed further; that with the cases on the
calendar it was simply plain duty OF his to
follow the law in these prosecutions, there
fore he refused to allow the cases to be dis
missed at this time.
A leading member Of q temperance organ
ization of this city, one of the jurors, adj
dressed the City Attorney, and stated that
public opinion aud.4emperance people gen.
orally were oppossdSto any further prosecu-
tionF. Business men, he said, were COM
mencing to grumble at the City Attorney for
insisting on their serviug on juries, where 1t
was already understood that conviction was
impossible. 1t was taking their time from
their business, and that he was satisfied that
a majority of the law abiding citizens of this
| city were in favor of a discontinuance OF
these prosecutions, they become alike
persecution to the jurors as well as the de-
PENDANTS.
The City Attorney replied that he had a
plain duty to perform, and if they desired
discontinuancs that there should be some out
ward expression by the people or through the
preEs.
The gentleman who addressed the City At
torney went away quite angry, claiming that
| the farther prosecution OF these cases was an
outrage on this community.
The case was proceeded with. Thirty-five
Jurors were called, and the following twelve
were sworn in to try the cause: Jasper
Drake, N Dingley. Clarence Nelson. George
Smith, S. Lavensou, o. B. Blue, q. G. Taft,
Addison Sage, L. NJ. Sksggs.
The proofs and arguments were about The
same az in thu two former cases reported in
| these columns. The defendant was charged
with keeping cigar stand and selling his
goods on Sunday.
Judge McFarlands argument was not so
long as in the former cases, but he quoted
many more authorities to prove that the law
was no law, was a special law, and therefore
unconstitutional.
The City Attorney raised the point and
cited authorities TO prove that the jury could
not consider the law at all that the Legis-
lature il the sole judge of the policy of the
law. When question arises as to the inter
probation OF the law as to its constitution
atty, that is matter for the Courts to de-
eide, not the jury. Juries have no right
whatever to interpret tbe law or the policy of
The law, and quoted authorities. If the law
Is obnoxious, then appeal to the Legislature
for relief.
When the argument was closed the Court
gave the same instructions to the jury as in
the former cases. aud they retired. After
they had been absent about forty minutes
they returned with verdict OF not guilty.
Judge Mcfarland then stated that he had
now tried three representative cases and had
secured verdict of acquittal in each Casa
saloon, hotel and tobacco store-and that
lie thought this ought to be sufficient.
The jurors were notified to be in attend
anee next Tuesday morning at 10 o'clock,
when the case of Joseph Goddard, the Sec
rotary of the Licensed Dealers Protective
Association will be tried.
JAIL REPoRT.-Tbe following report of the
Sacramento County Jail for the month of
March has been fled by Sheriff Heilbran.
There has heen confined in the county Jail
during the month eighty-three prisoners for
the following offensss Murder, 4; grand
larceny, 4; burglary, 6; abduction, l felony,
L; attempt to commit rape, l !; mayhem, /;
assault, l J; perjury, l adultery, l /; petty lar
csny, Is; battery, 5; misdemssnor, vag-
rancy, S; safe keeping, 8 F.; insane, 4 /; disturb
ing the peace, IA; obtaining goods under
false pretense, l; detained witness, l. Dur
ing said month 80 persons have been dis
charged from the jail, asifollows: Upon ex-
pirstion of sentence, II; by order of the
Court, 3 (; taken to insane ASYLUM, 3; want
of charge, 2; furnishing bail, payment of
fine, 2; escaped from chain-gang, l es-
capped, l.
MERCHANDISE REPORT. The following
freight passed Ogden for Sacramento on the
ID For Weinstock & Lubin, cases and 3
boxes hats Huntington, Hopkins & Co., l
box hardware, boxes selves, 100 boxes and
10 packages horse nails Adams Mcneil &
Co, 10 bags coffee; Waterhouse & Lester,
car wagon material; George I. Bush, cask
gobIets ; A A. Van VOORHEES, & Co., bun
dies blankets; Billingsley & Co., bags
corks; L. K. Hammer, l box piano.
THE UPPER SAcRAMENTo.-The steamer
Governor Dams, Captain Page, came down
from Squaw Hill Tuesday night, bringing
1900 sacks of wheat, and other merchandise.
The Captain reports that the upper river was
rising when he left on his return trip, and at
Souaw Hill was eight feet above low-water
mark. At the Woods ranch, about ten miles
above Knights Landing, the water was run
ming over the top of the levee, but was doing
no serious damage.
POLICE CoURT-The following business was
transacted in the Police Court yesterday All
Jim, disturbing a religious meeting, found
guilty, and fined $50, or 30 days in the County
Jail. w. B. Cook, disturbing the peace, dis
charged. Richard Vssquez, battery. found
guilty, and fined $50, or fifty days in the
County Jail. Rodger O'Neil, drunk, dis
charged.
BEAUTIFUL GRoUNDs.-The grounds sur
rounding the State Capitol are well taken
care of and present beautiful appearance.
Secretary Of State Burns has been personally
overseeing the work done upon them for some
time past The new park, or eastern addition,
is receiving particular attention at this time.
AUCTION To.DAY.-Bsll & Co., auctioneers,
fremont Hotel, J street, between First and
Second, the balance Of furniture Of II rooms
aud basement, consisting of walnut furniture
and carpets. bedding, feather pillows, blan-
kets, comforts, spreads, &c.
INcoRPoRATED.-There were fled in the
Office of the Secretary of State yesterday ar
ticies Of incorporation Of the Martinez Pack
ing Company. Directors-Gsorge Shiel, A.
d. Cutler. James Pfesho, n. K. Masten and
f. 1. Kendall. Capital stock, S97, 500, d.
viled into 500 shares.
REAL ESTATE Boon AT no time in The
pas. twenty years has there been such boom
or general advance in real estate in this city
as there has been in the past sixty days As
real estate agent remarked yesterday, Sac
ramsnto city is entering upon a Few era of
prosperity.
TAKEN BELow.-Peter Conejo, who was
sentenced by Judge Clark on Tuesday to serve
a sentence of four years in the State Prison
at San Quentin, was taken below yesterday
by Deputy Sheriff George Newbert.
CAPITAL BANK BUILDIEG.-Governor Geo.
c. Perkins has bought the Capital Bank
building property on the corner of Fourth
and J streets Ths Governor evidently be-