The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-15

yelopipg very curious and remarkable case of ar
rest for lunacy which is rich enough 10 form the
| tcrias and groundwork of half dozen novels like
| Goodwin's Caleb Williams Mr.. A. L. Magenis,
better known by the soubriqud Of the "Missouri
Earthquake" is quite an original, and ertainy he
has the good fortune to plump into the most original
adventures of the day.
We learn further, that Mr. Magenis has brought
his action for assault and battery and false lmprson
ment against Justices Merritt and Stevens, the Off
GERS OF the police, and the keepers OF the prison.
and that Chief Justice Jones yesterday made an or
der 10 hold said defendants TO bail on said action, in
the sum of twenty-five hundred dollars.
Tiiy and County Of New York, SIS.
Personally appeared ARTHUR l.. MAGENIs defendant,
and made oath the 3jh day Of December last, at
the county city aforesaid he was arrested by an OIL
Ger .fthe Police Court OF said county and cy that a
FAINT has since bee informed that the Of said Off
Ger is Wakerthat afant being told by said oficer
that he arrested demanded to see and hear the pro
cess cad which he arrested but sad oDcer
refused to read show it to him; that aian then dc
handed know the amount Of bail required OF him. and
as told he could be admitted to bail said process;
that then demanded to be taken before the Police
Court out which said process was issued that an ex
animation might take place OF the persons upon whose
that aant has since the original writ upon which
he was told he arrested copy OF which original
writ and acopy of the affdavs upon which the same
are hereunto appended, marked A. and w. wnch
he rray may taken and read part OF this adavit
that stapt as taken by said Police Officer aud put into
The CITY prison of said county and city said s0th day
December and there remained from about two o'clock
day until late in the evening Thereon ne was
nut in the police officers and allowed
it'll to residence in Park Place to pass the night
said officers remaining with him all night; that en- the
ne xt day Friday the 3ls December aiant remained in
custody of William Stokey, OF said officers, who
went with him into the streets, accompanying him
through the same while afant was ms pu
officer told aiant that 1t was time TO go 10 the romeo
Court aforesaid report to the said Justices which at
fant did That entering the court room Of said Of
fee Justice Parker being the BENCH afhant demand
ed of said Justice sight Of the process on which he was
held in custody which refused as was also to call
the nereons no had said adavts and have them
examined in presence OF aianf Tha SAID last named
justice thereupon directed said oicer stokey TO take
R ant to the said City Prison, whereuron asn said to
Stokely Show me your process to which he replied
he had none Aian then turned to Justice Parker and
demanded sight the aidavts upon which said war
rant as founded which question aant does not
collect any reply Yves given An order was again
given by Justice Parker 10 sara soKey 10 .ske ssnt
ward sisn he believed then, and believes now, Tor
the purpose Of taking him nto custody Afant there,
upon showed his and told said S,okely he dared
TO approach and lay hands upon him, without read
ing or showing him process, he did it at his peril
that he was TO defend his person from illegal
violence and Guild do to the deah-that he had
wish TO said Stoky but that he would take the
said Justice Parker as the onehder vo
ence were used fire at him. That afant then left the
Court room and went to the office OF James H. whiting
ESQ the District Attorney for said County and City TO
hem
n go 70 said Police inform tue Justices of the
illegal manner which they had been acting in the pre-
misses MIR. Whiting told aiiant he could no. 40 50 then
as he had prior engagement that would detan him I'M
til ave that evening" at which hour he told alan
to return his, Writings Office and he would converse
und two OF his lends, John A. More and Minthorne
rompk ms who at five o'clock went with him to Viii.
tinr,s Off e. Mr. Whiting returned after aiant and his
friend mad been there a few inmates. After
sultaton it decided that aAant and Messrs Temp
kins and Morre should go to the said Police Court de-
Al. nd SaI
Tompkins and Morrsll his bail. Aifant and those
gentlemen went said Court which was not then in
sesson Tompkins and Morrell advanced aad spoke to
Justice Parker said Justice, Stevens being also present.
and told him their business Said Parker on being in
formed thereof stated that there was no there
Court bad discovered that IT had been wrong and
that aiiisn, had been right Some other conversation
took place said Parker Tompkins and Morrel
which affiant did hear. Aiant and his friends then
lief, said Court room sna separated, sfiaht returning
home 10 Park Place with said Sokely whom he invited
IN coma and dine with him After dinner sant and said
s,ok civ to the Park Theatre where afant
had been but short time, when az ne as standing IN
the entrance lobby converspg with the door keeperhe
found himself suddenly and wholly unawares, seized
behind nd his held last, while at the same mo
ment bart G. Sweet, officer, seized him in front
and told him he was his prisoner and to with him.
Aisn i'm medatsly called upon said Sweet to show, or
tsis he rfusrd 20 do and aant exclaimed that it
illegal arrest and refused to go-he was then dragged
out OF theatre into the street. Immediately surround
ed by large number of men, whose names are to him
unknown On aant refusing TO walk, or In any way aid
them in what he denounced as ruisnlike proceeding
he rapidly pulled and carried along by those men
and said Sweet who hen tired, two three times ct
afiant down on the pavement or Tagging OF the SIDE
walk and thus hurried him to the side entrance Of the
said Police Office and thence into the back part oil said
prison. Of which James T. lily de- as ahant believes was
and is keeper, where, after tearing from afhlant
his rsld watch, gold pencil and watch key, they
thrust him into one Of the cells between nine and ten
o'clock p NJ or Whereabouts In that cell afhsnt re-
NAMED all night without hre or nghs hHsr
On the keeper subkeeper, whose name Alexander
Stewart coming to the cell he asked him for glass
of water was refused, and he ives told to drink out
of the water pipe the CELL This aispt could not do
as he had vessel into which to pour the water, nor
he had had ONE should he have drank S a. she
bucket Between the time Of his first call for water,
about o'clock, NJ and noon OF that day siant
repeatedly knocked and demanded water but without
avail About that hour Mr. Stokely came to the door Of
CELL hadit partly opened, and on being told by am
ant of the conduct OF the keeper in refusing him WATER
brought him some At the hour in the morning when
food served to the other prisoners the servants Of
fered some to afisn which he declined saying, that he
would not eat Of fsloRs food Sometime in the Of
the morning the hour aan cannot precisely state but
supposes il must have been between eight or nine
o'c lock- man. whom aiant believes TO be said Merritt,
came to the cell Of asn The keeper opened IT and let
him out into the gallery, or passage, when Merritt
spoke to him. asking him ne knew MN ow1Ig h 10
ais did Immediately recognise him so as TO name
him. and said, butt Observed that though he could not
repeat his he knew his face. As well as sfant
collects Merit spoke something about his being sorry
10 SIC him much out of his mnd.n Similar remarks
edly made TO him during IN
cells by said Stewart in words OF cited osensibe
sympathy but in andtone OF voice indicative OF
hate and malice.
Afiant while thxs immured could hear persons on the
outside ndulgiBg in derisve expressions to the effect
that sfhsnt was crazy AiaHt remained In close con
nement in the cell from the time Of bis being brought
to the prison until Sunday morning, about eleven OF
tw elve o'cock-when he was taken from mere ~ .ns
custody Of stokely by virtue said writ and conveyed
TO Murray Hill, the establishment OF Or James MAC
donald, where he received every attention ana KIND
ness.
AEart as h.en for some time laborDg under an in
namstion Of the lungs accompanied with severe cough
and on several occasions While eougnins ss s'ewaI
syppmpsshy All, you going fast, that is church
ward or grave yard cough !"
counsel Mr. EDDY again and again demanded from the
Aforesaid sight of the process by which they
heH hint was always denied to him !, On the
6rst morning after his imprisonment when knocking at
the door Of the CELL hoping to procure waer-anotner
aan.r not Ste az art came and looked In through the