The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-23
Morino Couse.

b(Itfc JuCEe FnHpS
TIE FFrRcrs OF sgYLARgidG-ACrI0N F08 A.
sAULT AND BATTERY AND FALSE IMPRIsONMAag1s
AGAINST TWO POLICEMEN. 1893
AUG. 22.-Syks cs Lynch ond HUI This WaG
action for false Imprisonment and assault and ~
terry against the defendants who handcuned The cCse
plainant, the doorkeeper OF the First ward stahsA
house, while he was asleep In chair. The defend
ants were TIVE policemen, and for some motive q
otner hardcuffed the doorkecper-out OF fun, ter
said The complainant laid his damages AZ $500. tAo
highest under the increased jurisdiction Of -
Marine Court that he could obtain. --.es i
In opening the Gaze, the counsel for the complain
ant, Mir. Bustecd laid before the Court tho wrooga
Inflicted On his client who he eald was an old man,
Incapable OF harlning any persor, and who was mod
cruelty treated BY the defendants, who be alleged
locke his hands M in pair of iron handouts wAne
be asleep refreshing himself after his severe ana
arluous labors Ee claimed at the hnnds Of %
Court tho highest damages that the law allowed.
The counsel for the defendants said he wanted -
know what testimony would be produced on behalf or
tho prosecution and In what manner the counsel for
the p|aati proposed 70 conduct the case. The fact
that the plaintiff had been dismissed by the Csmuiis
soner Of Police for being drunk at his post and tst
tie defendants called az witnesses agains. him
On thai occasion, shold net be construed into arp
motives OF revenge on their part, account OF his
proceeding 20 law against them. Ii the evidence on
tie trial ut the Commissioners Of lice should 10
produced, be objected 70 IT in any newspaper report
iorm, and woDl0 demand the minutes of the Court
upon that occasion.
The case thea tooeeded 70 trial The first wisneS
toI the prosecution Officer Collins cs the First waA
police, being duly sworn depcscd that he knew Wn
Styles about twelve or thirteen years. he also knew
The defendants some tiu,e they we're police orcerss
on the l4h Of July lest VITA. Styles was door keeper
q the First ward station house, and that night be
saw the plaintiff and the aefe dants there dc'eo-
dsnts, in his presence, hsndcufed the ccnpta insu;
plaintiH was fast asleep at the time when no WIZ
hsndcottd; ccud not tell Why they did it, but sup
posed it was all joke; In about an hour witness vas
called 20 take the complainant further back; he Was
cuts were taken I'll, hut heard one OF the officers ss
for the key TO take them off, could not tell what $50
the handouts were, nor was he examined before tho
Commissioners Of Police Us witness.
Gross examined BY counsel for the dcseIdantS-
There are rooms in the station house besides tbs
Office for sleeping In; witness came Into tho pre-
mises Just as they were putting the cuffs oni thy
laughed and witness told them that they had bettec
leave OFF, but they Cny lauahed al him; he said dat
the complainant would NOT harm anybody, and had
rct an enemy Ia The woriI; at quarter before Il
the complainant woke uF.
Question by counse,-was Styles competent "a
pe'sn his duty that night in waking tho men up ae
y cclock?--uos he Intoxicated,
AJecer--I should Judge be was little iatoxt
GATED, and had 10 wake NJ some o! the men kR
h1n.
| Connsei--Ee wss q iktIe Intoxicated, ehs $50
| ycu have q conscience, colhrs.
Nitaess-Yes, SIX have. and II would be we'll II
aWyers had as good q one. loud leuThter)
Here ensaed q long srgunsrt between The co1psea,
that for defendant areuing that he had right to In
quire into the good rsiatonsp tina. existed bet ~cen
the deshdsrts and the complainant He said Mat Il
was technical assault and battery but there was
no bad feeling bssasen theu 10 could not be scs-
strued Into outrage. The gentleman for tho CON
plainaEt ccnte1ded tEat IL former practical Jokes hsa
sescs. d. HosSr. nowsvss, decided that Tie Wit
Dess Should consider lie question, who replied thaA
lie never saw sny ssyiasking occurring between tts
Geserdants end ne coupiairans- The witrcsu then
was crpss examined al great length by the counsel
or the aeisndt, hSt aOahias q any Further intsro
Was elected.
several ether ~fsnsssc. wste then examined Ar
tic proeecusIcn but il was merely corrobornton OF
offetr Cciins testimony, went 70 prove that tina
dignity Q! ie Psn&l wsn lewegCd IN the estimation
Oh the world, By the tra.mslf he received Ut tho
hands II the de'c8JanAs
The cornsel for ths deknse then brought forward
several witnesses - rAow tas Ne Handwriting of tAa
sonpsinant yss Lsare joke, done without aay n
| ten - lnNre him.
All the witresses he,ag exsmincd, the counsel Tor
the defence then suratd up the evidence contending
that the coE ehouid tind verdict In favor Of ths
! defendants - the alleged assault and battery va
committed lee lark without any intention Ia niufe
The raiotit-s psYAor, 70 nuge him ia the eednor
ZION OF the public.
| Mr. prstecd, counsel scr the eomplaiuank, them
sunnsd up the Evidence oE The part OF the plainth,
and, after mere than horrs speech, concluded -
saying, that ths sears On ths Old mans hands. pro.
! duecd BY the handcnfs were a nore importance In
the present than array o. witnesses 70 provu
the joking part Of ths Affair." The defendants, hc
said, had resolved nas TIE complainant should sos
remain In bis situation and accordingly sworc eeeoss
| the ComEtsisner a Police thot upon the ngns o.
tho occurrence. Mr.. Styles vas drunk, and unable 70
perform the duties Of s Oscs and he was accordin9
| y dismisssd rom tie smploymens OF the Pohcs
| department IL there was insttce TO 30 had e
should su7sIy be given - tis plaintiff, whom sney
eowaroly, willie hna as'scp, degraded by placing
! on h;p karSs a psir az hsndeuifs used only 70 bud
dis0Tdslly yegsons cad ss1ons Of the darkese dye
| With.
! sxd casts ~ s.plainti6.
| DEFY kuLED Ut THE CAUSE.-THE bconaeovS
attached 20 the passenger train on the Michigan
southern Rsiirood, ran Into Q drove Of daer, -!