The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-22
Price Two Cents

Il struck Mayer the back when his back was towards
Alderman stewart truck him previous IN the lace
or head struck him with hard mace or club Meyer
refused 60 willingly. twas myself that made use
of the expression relative to the house being oeoioco
house, that Captain Taylor thought came IRON Alder
Crossexamned by deienceAs street inspector of the
ward, frequently go Wit Alderman Stewart round
among the hotels and porter houses OF the ward on Sun
lay evening, aud day time, many of which we order to
be shut up Alderman stewa mas told the proprietor Of
the Broadway House to close the doors OF his premises on
Sunday but took any body away from the pre-
misses. keep public house myse The doors and
windows are closed, however on sunday. 20 in and
out the back way allow drinking there sometimes on
Sunday.
WIN. SEYMOUR called-I was requested by Alderman
Stewart to go Mayors house the night he broke 1t
up as witness merely 10 look on and what could
see; He told the same story that tie Alderman did.
in question He said to me- Bob, Gas he lamary calls
mel want you to with to help break up the Dutch
house, as witness" went and the people and the
band There was quite meaey" IN the house, and the
audience appeared 10 be congrau atng the players this
way Here witness clapped his hands and stamped his
feet with as much energy Bowery Theatre orucl
Alderman STEWART was again called did not say
Mr.. Tay or said, that the house ocoloco house,
and that the ocos bound to sustain it," Of
the Police Con mee that have the power to discharge
and appoint watchmen.
Cross-examined-I direct the Sunday officers of the
Fourteenth Ward order all the doors and windows Of
the hotels and porter houses of the ward to be closed on
Sunday.
The prosecution rested and the defence called
CHAs. MAcK-I was the mate of Hamburger vessel
who there with ladies from the ship who laid
hold of the Alderman when he told them to 60 out Ma
ger asked the Alderman allow him to try to get the
pie out easy hch H. refused and them turn
them out" Mayer bleeding from his head from the
blow struck by Alderman Stewart.
JosErH TEAL and FRAsos GRAyEsEn were called to
show that Alderman Stewart knocked down George e.
Shendlan one Of the defendants.
The evidence here closed, and JoHs McKEor, Esq. ad
dressed jury for the defence He commended that the
Alderman OF the ard had power to enter this house
under the circumstances of the He then the
clause Of the statute that to cover the conduct
| OF the Alderman which is as iollows:-
"To prohibit shooting, hunting, iow ling, sporting play
travelling unless of charity necessity in
going returning from some place OF worship or for
medical aid or in visiting the SICK In servie labor or
working, except in OF necessity and CHARITY by
| the Seventh day Wor'hiPpers,' SC.
Mr. McKEoN commended that ii the Alderman had power
under this clause he would have power stop man
that travelled tie street, unless he was one Of the err
ands there stated That the Alderman took the respon
sbily to enter the house he did, he would also have
power to break up the assembage Of every public place.
Churches and all He said that tipping house, in the
OF the law was intended to apply to places where H.
y. w. srnosc, ESD, managed the prosecution in
the absence of the District Attorney and offered very
sound argument to sustain the Alderman in the course
pursued.
VIM sHALxR ESQ., then rose to state that in his opinion
the law the Alderman had right to enter the
misses of Mr. Maagr with of 40 wacbmen and
that there necessity for violence, the blow in.
ficed by Alderman Stewart contrary to any power
| possessed by him.
The REcoRpEa charged that the offence complained Of
and for which Alderman Stewart entered the house
under the broad basis OF the law and il
mtted he was SO amenable that many acts apparently m
nocent IN themselves were nuonces IN the ey OF the
law. The nightly playing Of a drum and fife under the
window ola dwelling, although the music might be agree.
able some yet if continued would be considt red
nuisance well the assemblage of persons at public
worship who occupied very late hours and disturbed the
neghborhood That the evidence relative to the assault
and battery very contradictory and that although the
Alderman had right exercise the power Of preventing
nuisance such power should be most carefully and
wisely exercised
TheJury retired about o'clock and the Court took
recess until T. when, coming into Court they stated
that they could not agree and that they equally d
vided They then discharged, and it is to be hoped
| that this ends the ridiculous snit.
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