The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-21
Common Pieas-Part First.
Before Hon. Judge Woodruff.
ACTION FOR MALICIOUS PRosBoUrION-A CUBIC
METHOD OF ANNOYING A RANKER


METHOD OF ANNOYING A BANKER
Lorius ID. Te,osiey Sslah Tandusr and Winiam "A.
Vanduzrfhis is action for malicious prosecution
Mr. Pierrepont stated the for the plaintiff who is
agent Of country banks The Defendants father and
and president and vice president Of the Exchange
Bank. 1t alleged that the plaintiff was in the habit
going to the Exchange Bank from what motive IL does
appear and demanding specie for certain country notes OF
which that bank the authorized agent In and
he became troublesome and annoying to the establish
ment by Offering the notes ngly for hours together and
demanding specie for dollar Bill at time telling them
to take quarter per cent discount for each dollar The
defendants ultimately sent for officer had the plaintiff
arrested the 10th Of November 1851 and taken to the
Police Office in Barclay street, and from thence to the
Tombs where after reprimand FROM the Justice he was
discharged He again arrested and committed for
repetition of the annoyance writ of hoeas corpus
taken out and ths matter brought before Judge DAILY
images laid at $4,000 The defence is that the plain
tiff interrupted the business OF the bank by pertinaciousy
demanding specie for notes. dollar by dollar and that
such conduct was calculated to lead TO breach Of the
peace.
Robert H. Campbell, sworn and examined by Mr..
James T. Brady deposed, that he was policeman Of the
Third ward last November. know the defendants By
sight; never saw Mr. To.sley until went into ths
Exchange Bank, at the corner Of Dey and Greenwich
Streets was sent there by the captain; can't to
whether it Captain Humphrey Olmscd; did no.
see either the Vanduzers at the station house, whom
went into the bank young Mr. Vanduzer said that Mr..
Towsley was annoying them in their business, and he
wanted me to take him up; told him would take him
to the station house he would come and make sharg
against him; asked rowsey to go ont OF the bank
said he would not-tha he there doing business
he calculated" he would stay told him was OIL
cer he then went out got the sidewalk aud said that
quick as I'd leave he wonld 60 back again into the
with that Mr. VIM. vanduzer out, and went
to the station house to make the charge took Tovsey
TO the station house young Mr.. Vanduzer, Towslcy,
and went together; both captains the bench;
MT Vanduzer told them the story and was directed to
lake Mr.. ToNsey to the Tombs; Mr.. Vanduzer came
with us brought him before Judge Osborn ; Mr.. VAN
duzer made his statement the Judge reprmanded Tows-
back again. he bad right 20 there tho Judge then
told me- no went to the bank to annoy them in their
business to arrest him. Towsey left the oice did not
arrest him again. saw Mr.. Towsley do nothing out Of
the way he was standing there like any other gentle
MAN. young Mr. vanduzer stated to the captain that they
could not do any business Towscy there dmaud
ing specie for his bills he accused him of hing else
should think there were four five In the bank when
went IN 70 arrest Towsey didn't notice whether they
Tombs Justice Osborne said that Mr. Towsey crazy
or something to that effect; Mr. Towssy kept humming
or singing, to him,elf, all the time.
On cross examination by Mr. Cowles witness said that
Mr. Vanduzer said the plaintiff had been the bank two
or three days demanding SPECIE witness did not hear the
whole statement
Sterling Peet, another policeman of the Third ward
station deposed to his having arrested Towsey by the
request Of the Defendants at the Exchange Bank the
18th November last at p. n on the same day, and
subsequent to the eat made by the last witness spoke
to Towsley and told him to 60 away and not trouble
them any more he said no. Mr. vandnzer then told me
to take him up and said that he would to the
ton house and make charge against him; took bm,
but Mr. vanduzer did not Gomez the captain told to
take Towiey to the Tombs did and my way met
ne eiuer MI AnuuZer coming from the direction OF the
Tombs; he asked me why didn't bring To xsley up;
told him was waiting for him at the station house. and
didn't know he had gone to the Tombs asked him if he
was coming back and he said that he had made his
affidavit before the Judge, and he then told to take
plaintiff up 70 the Tombs took To wsley before Judge
Osborne and had him there from ten to fifteen minutes
when gave him to another officer; had warrant;
did not see Towsley do anything at the bank Mr. Van
duzer did net tell me how Towsey was troubling them
at the bank
Crossexamined by Mr.. r. H. Morris-The elder Mr.
Vandozer said to Tow,ey that he didn't want to
him, If he would not come there any more to troubl
them Q.-Did you hear anything about Mr.. Towsley
bringing large bundle Of bills to the bank after pump
ing water on them, there would be difficulty Ia
separating them then demanding specie
dollar by dollar, and telling them to take quarter
discount out of each! A.-No, j did not.
Mr.. Brady offered the commitments in evidence an
produced Mr.. William Edmonds, keeper Of the city pri.
son, who identified them They are signed by judg
Osborne Witness also received the return the aa
corpus before Judge DAILY and his order for Mr. Towsey
discharge. Mr.. Towsey discharged from the frs;
commitment very short time interviewed between
that and the second under which he remained in prison
from 10th to 2ls Of November, when he discharged
by order Of Judge DAILY
Other witnesses called to prove the malice OF the
defendants in opposing the discharge Of the plaintiff on
haLeas corpus. The case is stin on