United States v. Coulter.
The practice of selling spirituous liquors, in a public manner, to negroes and slaves, assembled in considerable numbers, and suffering them to drink the same in and about the bouse on the Sabbath, constitutes the offence of keeping a disorderly house, although the owner may have a tavern license.
Indictment for keeping a disorderly house.
Mr. Morsell, for the defendant,
contended that a disorderly house is only indictable at common law as a common nuisance, and that actual disorder must be proved. Coulter had a license to keep tavern ; he is only prohibited by statute from selling on Sundays; from dealing with slaves, &e.
Mr. Jones, Attorney for the United States.
A bawdy-house is indictable as a common nuisance, and yet it is not necessary to prove that any one person has been disturbed by it. .The tendency to corrupt the morals makes it a common nuisance.
[MAJORITY — The Court.]
The Court.
The license does not authorize the defendant to sell to slaves or negroes on a Sunday ; it is therefore no justification as to those facts. The practice of selling spirituous liquors in a public manner to negroes and slaves, assembled in considerable numbers, and suffering them. to drink the same in and about the house on the Sabbath, constitutes the offence of keeping a disorderly house.
Verdict, guilty. Fined $10.