New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-05

H.. r-., .ai1 no. i.g.y a1..,.s 10 ,a3 socovosy
n,.f., only o- ~ spe fc real ~ persona property
ntyt fferr Co. a ma-5isi woman may be appointed ID
is- manners. garcia - ''v On ,he spglic it.o'
, 10 "a iuient
! RUE f-->truck out.
! Rule -a-Amcu5ed by inserting as- BanA ia Ne i';i
! Inc - words or T'rst Company
kles o. amen ici 20 take ELECT n October -
rev rule also adopted des gnei As check uPol
piiiu,
The Justices were unsnmcu. IN ali the amendments sN
Sept the amendment % rule -. Upon this anendmcn
there wa an interesting and animated discussion jus
tee Day. >O>son Bacon and others in favor and Jus
tees eiies and Pratt arguing against.
On taking The fna vote. the result "a follows
For the ameniment-Justices Parker Greene. BtcOa.
Dean >losson Hubbard, Bowen, DAILY and c. l.. Allen.
Against the anne ndment-slas;ices WeeS. Pratt AMI
Hoffman. Albany Evening Journal.
COURT or COMMON PLEAs-sr,cnt rssS-Befoss Juds.
AILEsED ,NN0rANcE II ISL AT tXoH,SGX BASN-Pov-
ERs OF POLICE, &C.
Iru, D Tos.eY Al seah ~ Durer .aa W Va, Ds-er
This suit brought against the President ami Vice
President OF the NeN-lork Exchange Bank 10 recover
damages for alleged assault aud battery false imprison-
ment and malicious prosecution.
Bank with mixed bundle Of Franklin; Empire State aud
Hartford Banks amounting 10 500 and $500 The Bank
had given Lotice al lower rate Of per cenisge han
charged in the street 10 redeem bills, and was alleged
that stem Of ANNOYANCE comm 9nccd against Il in
consequence Plaintiff inquired that was the place
where the bills were redeemed-he was replied to IN ths
but told he must sort the bills, sherwse hey
could not be redeemed lie then took out 81 and asked
the specie for them less the per cenage The cashier ne
fused SAY ng that 10 redeem the money in that way would
prevent hun from attending 20 the ordinary business OF
the bank. The plaintiff insisted that the proper way
and should have the money. An alteration then took
place between plaintiff ami n two defendants tho Pres
ideni ana NicePresdent the former insisting upon his
tight TO remain in the bank until the notes redeemed
He ultimately given IN charge 90 of the Third
Ward Police ana taken 10 the rombs AFTER Wilde he
was dscl areed bv Justice Osborne and cautioned against
n hank He however directly hack
the bank and similar difficulty occurred when he was
again given charge 10 the police and committed 70 the
Tombs where he remained until he was discharged by
habea corpus lIethon brought the present
damages. The tried before Judge Woodruff IN
ls2 and the Jury gave verdict in favor of plaintiff for
500 motion subsequently made on behalf OF de
feudants on a case for a trial The Judge at Special
Term yesterday, rendered decision on the motion as
follows
WOODRUFF. il have reconsiierei the ruling made
herein, and perceive sufficient 10 change the
opinions expressed on the trial.
Although the questions raised by the defendants eNcep-
tons are numerous the two points upon which reliance
chiefly Is placed appear to be-
f5rst-rhat L To admit evidence that the
plaintiff sick when he left the prison. and contin
ued for some time. and
Secoud-Tha the Judge erred in refusing charge that
the conduct of the defendant such tends TO
breach OF the peace the defendants were justified in Iii
recing his arrest.
A. TO the evidence claimed to be improper TANK there
was Ii the plaintiff was entitled to recover at
all il was upon the ground that by the wrongful act OF
defendants be had been arrested and confined in prison for
era DAYS and the immediate and direct consequences
of that imprisonment fitting matters tor consideration
when the jury 10 the amount OF damages
Although in reference TO this evidence, and upon tina
whole of the evidence there is to believe that
the jury not wholly free from bias, and although Il
appeared To the time the verdict rendered. they
were giving premium TO conduct which deserved their
severe apprehension vet of opinion that the evidence
laid before them was legal and if presented case
in which peculiarly their province to determine II,
weight and influence upon their verdict think ought
not to set aside the verdict Thought should have
found a difficulty myself.
In regard to the second point above named, am not
satisfied that there police officer IS Just
flied in making arrest if breach OF the peace Is com-
mted in his view. and the Jury were instructed and
liberal explanation given 10 them of what constituted
breach of the peace under which they would have been
warranted N finding actual breach of the peace by the
plaintiff and justified the defendants they thought
otherwise.
must then assume in accordance with the verdict that
plaintiff did not commit breach ofthe peace That an oil
cer MAJ lrestran the commission of felony or any act
dan yerous life limb person. and may interfere ia an
actual sray prevent fighting, or TO remain long
enough 10 STAY the parties Is undoubtedly true but be-
cause Judges the conduct Of party 10 tend TO breach
of the peace that he may and take to prison. APP
hond cannot be sustained Our statute, which pro
viles for such case requires that warrant shall ISSUE
and think that arrest can be made without the war.
rant which the statute prescrbes Motion for new tr'a
denied with $40 costs.