Year: 1862


HABEAs CORPUS IN THE CASE or MATHEWS AND


IRELAND.


On last Sunday night Alexander Mathews and John
Ireland arrested by Captain Petty Of The fhth pre-
cnct, for violating the Sunday Liquor law ana on the
following morning (Monday) their counsel obtained
writ OF habeas corpus returnable before Judge
at his chambers The parties appeared accompanied py
their COUNSEL but conseq Of the absence o s
District Attorney the hearing was adjourned TIL wednes
day 1t is understood angry words were exchanged
between counsel for the defendants and Captain Petty on
leaving tho Office tho Judge succeeded IN preventing
a breach OF the peace.


For the convenience OF all the parties concerned in this
case the proceedings held in the Court Of General
Sessions on Wednesday. The prosecution was repre-
sented by the Assistant District Attorney, while ex
Smith and Mr. Charles Spencer appeared for
the defendants.


Tho Assistant District Attorney asked for further
postponement of the matter, the ground that the
questions to be discussed involved interests Of considera
BILE Importance which required preparation and mature
deberaton and further he alleged that since the pre-
vous adjournment he understood that secret circular
had been issued by the liquor Dealers IN order possl
oe TO bring improper influences 70 bear upon .ne nu M
OF the Judge. He the Assistant District Attorney be-
leved that the large attendance TO be attributed 70
the distribution Of the circular.


Counsel for the defendants objected TO the reading OF
the circular as had no bearing upon the question at
issue.


The circular was handed TO Judge McCunn, who after
ought not 10 affect the prosecution and that it would
not influence him in deciding the merits Of the notion
The following is a copy OF the CIRCULAR
To rnE LIQUOR DEALERS THE Firth WARD


All the liquor dealers Of the Fifth ward are requested 70
ireaSd at the Coars Of General Sessions
2 the charge of selling liquor on Sundays Now Is the
''Ss SEs " Yoax isSass MasyS Ma ySaas as pSa pisSa 'A


The testimony Of officers Field and Taylor who made
the arrest then taken from which 1t appeared that
/ when they went into Mr.. Ireauds establishment In
Lspenard street. Sunday night they found about sixty
persons there OF whom were drinking They heard
men calling for drinks and the barkeepe pumping
ale The door not locked and there was no difficulty


The case was then adjourned till Thursday at noon
when audience large that assembled on the pre-
vous day present, manifestng considerable int
Mr. Stewart the Assistant District Attorney, stated
that the law passed by the Legislature for the obser
toxicating liquor on that day. had been vio-
lated by the defendants After citing the proceedings
which had taken place he said that int, IVA was
and insisted that the questions involved were so import
ant that they could not be properly disposed Of on
writ OF habeas corpus at that time He therefore moved
the discharge Of the deendants-a course which the DIS
trict Attorney approved OF.


Counsel for the parties said that the present tribunal
perfectly competent decide the points which would
be raised the discussion Of the law, and he thought
that the period had arrived when its consttutionay
ought to be settled He affirmed that the course which
the prosecution had pursued contrary to law and the
liquor dealers would submit to the under protest
writ acted only in The capacity q commissioner to
qurs into the the detention OF the parties and
was not obligatory upon him inquire into the validity
OF the law ii reference to the question as to whether
the officer did right in delaying to execute the writ the
should be required TO show cause why he should
not be committed FOR coneEr. and that question could
bo disposed OF BY the Court at that time
Mr.. Spencer made humorous speech relative TO the
attempt the part OF the police TO carry tho sun
day Liquor law into effect He depicted the outrage
that had been perpctratcd upon his clients in dragging
them to the station house for selling glass OF
liquor privately their friends and boarders and in con-
al q decision the
matter SO that the liquor sellers. the citizens and the
police might what their rights and duties were in
the premises.


Judge NcCunn then said that he wished 10 know why
Captain Petty the writ which he had issued,
by defendants twenty four hours after the
process After examining into the matter be
punish the officer for the which he pursued
Honor ntated that not the duty Of legislators
pass the qualification Il one portion OF the
community which might be deemed oppressive by an
other class He would take the whole case into consdera
tion, and render decision on this (Frday) morning