Evening journal., 1892-03-05
NEW TRIAL DEFERRED.
Tho Williams Walton Trial Carried Over
TO the MAY Jsrm.

YqQter0QV HIltTuUOu Louil kAny I
Turner made the closing argument in |
the case that is to decide whether Judge |
Ball has the right TO sentence licensed !
LIQUOR dealers for violations OF the liquor
laws. He said:
"Under the act creating the inferior
court the Judge is the sutocrat Of sll the
Russiss. he wears triple crown-sole
and exclusive jurisdiction, sols and
original jurisdiction and concurrent
Jurisdiction with justice OF the peace,
He has now usurped another power, that
Of Furnishing licensed hquor dealers
siThe Court Of General Sessions has
sole and exclusive jurisdiction ever
the granting aud taking away OF licenses.
This last power Is often exercised TO the
detriment Of my pocket drew the act
of 1885, upon With this argument Is
based. and never intended TO include
anything but what l enumerated there
In
"The question brings up two roa0s--
one tortuous. circuitous, leading through
marshes and quagmires, against stone
walls and over fences TO its destination.
The other road is a broad highway"
yudRe Ball-"MscadRmi z5d, sup
poser" (Lsughter.)
Turner-"Leading straight to tbs
point desired Ny construction will lead
you on the latter road and will keep the
Law intact.
Society is the whole political circle.
The veriest drunkard has as much right
to a proper construction Of the law as
the rich man on Delaware avenue or the
pursst Christian who kneels before an
evangelical altar
"a penal statute must be strictly con
strued The specif, offsnse OF selling
liquor can only be committed oy
licensed dealer II an unlicensed vender
sells on Sunday he is not Indicted TOT
selling on Sunday, he Is indicted Tor sell
ing without a license. In sucn cases tne
Municipal Court has no right to commit
aman Su,h cases belong exclusively to
the Court of General Sessions In case a
fine is imposed for a violation of the
liauor law the Municipal Court cannot
put lien upon the land for the amount.
Judge Ball-"You can depend upon II
that We will collect the fine"
City Solicitor Curtis-"The Municipal
Court has as much right to collect the
fine as has the Court of General Ses
sions"
Mr.. Turner-''I have nothing against
Judg, Ball l regard him as a conscient-
ious and able judge. II | did no. regard
him as a proper person l would not now
be occupying the same apartments with
him" QLaughter.)
II believe there should be jury panel
in the Municipal Court When 1 drew
the act did not realize that l was max
ing grand and petit jury and judge cut
of one man. The question involves a
great principle and l ask for a proper
decision"
Court adjourned until 10 o'clock this
morning.
The Superior Court reconvened at 10
o'clock this morning.
The ubiquitous petition asking the
court to set aside the shariff's sale Of the
real estate Of Mrs Sarah P. Mason, loca led
II Black5ird hundred, was presented by
j. e. Hoffecker. Lllburn Chan Ter ep .
peared for Joseph P. Nichols,
the purchaser and judgment credi-
tor The property consisted Of
two tracts sggregating $50 acres
II has been sold three times The first
time it sold for $500, subject to mort
gage, interest ADD costs. OF 50 343 The
second time T. sold for b40O and the last
time for 5000 The claim set up for SET
Ting aside the case was gross inadequacy
Of price.
Several WITNESSES were called by both
sides, and gave evidence as TO the value
OF the land
The bench made a calculation AMI de-
cided that the estimates did not show
such gross inadequacy as II shock the
sense OF the court; therefore the
was confirmed.
Lewis C vandegrift asked the court to
try the case Of Anna Marie Williams vs..
the Walton and Whann Com
pany again this term. Mr..
Nields objected He said that he
1v,o~. RI,fv.r 20 10 J.wo
would not be fair to put the case before a
jury drawn from the same panel
Judge Houston-''I will say that tberl
is no use of you arguing that point.
can't stsy here to try this case again this
term. lt was thoroughly argued and dis
eussed. Now to ask us TO take IL Ut
again this term, can't and won't dc
It,"
vandegrift-'I will say to Mr.. Nie'dl
that this case went over from the Novem
Der term on peremptory rule"
Judge Honston-"Yes, and I mus
say that was surprised at the result"
J dge Grubb-"In Sussex county VIZ
kee jurers out longer than you do here.
We do not feed them. / remember
one case when the jury wa
cut for fourty eight hours. They came
into the court room at 10 o'clock in tn,
A4oL AAher iooHAuk AAho hhoob
Vandegrift-'I withdraw my appllca.
tion and ask for a peremptory rule FOL
trial at the May term,
This was granted, Notwithstanding th'
fact that Mr.. Nields showed q DISPOSE
tion to demur.
James Il. Hoffecker applied for and OBJ
tanned an order TO make valid tn
transfer Of property No. 412 LON
bard street. Charles G. and August
Behringer sold the property &
Frank NJ. Jarvis and wife, for 81, 800
Mrs. Berringer owned the property. Be
fore all the papers mad passed she died
Her husband as executor will now com
plete the transfer.
Court then adjourned until 10 ocloc
on Monday morning.
Mrs. Peace VIII Sue
At an adjourned meeting Of the col