Mexico weekly ledger., 1883-09-06

w. - - eeAeeaAs . 80 9 AAs6S- -SAAkAS6 Wo0R
to ours, has recently decided that
selling Of tobacco is no violation. of
the Sunday statute. If the drugstores
are TO be closed up. Why not shut up
the hotels and stop them from selling
clgars and refreshments? No man
knows what man wants but himself.
A jury can't settle that. His nerves
and belly declare his condition. and
jury can't get at them. They nast
listen to evidence and believe an hon
est man when he swears he is in a
suffering condition. This little fool
ish picking sort of prosecution must
be stopped. There IS no sense in it.
1t is not the spirit of the, law. l tell
you, gentlemen of the jury, that
whenever it comes to be settled in this
State that cigars and soda water can't
be sold by everybody ON Sunday, il
will not be very long until people viii
be told they can neither chew, smoke,
nor drink on that day. They Win be
told what they. must wear. also, aad
will not be allowed to sport broad
cloth on Sunday, or other days. The
spirit of the law must govern, and it
that is recognized, there can be no
conviction in this case. - ...ts
In concluding Mr.. Bnckner said,
THE defendant in this case Is nothere
by accident. Why, he even secured
advice Of counsel before he determin,
ed to defy public sentiment, and that
counsel has come here with bis ingen-
ious plea. II what he says is true.
every man is law unto himself. and
may open out in spite of firearms,
guns and cannon. That would be
contrary to all law. II is for the jury
to say what the laws are and apply
them. The statutes may be obscure,
but If you try, you viii get at their
meaning. City railroads are neees-
sity. of course. ST. Louis is from IL
to Is miles long. Stock, once ship
ped, must go through. Hotels ara
necessary for, the travelling public. So
are livery stables, The livery stable
keeper is bound to take in travelling
stock on Sunday. Under one section
druggists have the right to sell drugs
and medicines, but cigars and soda
water are not included in them. So
the tailor, dry goods dealer. &e.s
had right to sell what was wanted.
l agree with the Judge, that religion
has nothing to do with the law; the
Jewish clause establishes that fact,
If everybody had been keeping open
and not observing the Sabbath, /
would not have filed this information;
but BARRIERS, cigar men, and others
came and asked whether, if they.
closed, the laws would be enforced.
against those that did not, and said,
I would try to enforce it, and ] am
here on account of my pledge. Cigars
and soda water are not necessities.
They are Injuries. If three cigars
can be sold, why not box? If one
can be given to afriend, why not treat,
the whole town? Gentlemen of the,
jury, it is for you to decide what the,
law is. II it has not been violated in
this case, case cannot be gotten up.,
Fifty dollars is. a light penalty for.
such an offense. History has demon
strated that days rest in. seven is
necessary, and if you apply the pen.
atty, the Sunday law will be enforced,
not as religious, out as police
regulation - -
When the case was given to the
jury one of them asked for instruc-
tions, because the lawyers differed SO
much as to what section of the stat,
utes applied to the case. The Squire
said, Magistrates are not expected to
give instructions, that the Jury was