New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-24
THE FPEE-LOVE DIFFICULTY.
DISCHARGE OF ALL THE PARTIES AR
RESTED.


THE ARRESTS PRONOUNCED INV ARRANTED.
Tie examination OF Thomas Hsrland, and Bsnja-
min and John Henderson was concluded yesterday
before Justice Osborne. The only evidence sdduce I'd
was that of Capt Turnbul bis cross examination,
at the conclusion Of which the case was osed. The
following is Capt Turnbuls evidence on the cross
examination, which was conducted by Mr.. Lapaugb,
council for the Hendersons:
arrived at No $50 Broadway on the evening of
Thursday about II O'clock; | was on my way TO the
station bouse ard attracted 20 the place by the
crowd which saw there; no person had previously
spoken TO ne about going there the rumors winch
spoie Of in my affidavit were common talk aoo1t
town; cannot name any person who spoke TO me
about hem; | heard the rumor in station OF my
ward but I cannot say what day; heard during the
day but do lot know wheIe, that there was to De
meeting there and that there Yves likely to be some
disturbance; the OILY gentleman whom remember
Wa Mr. Taylx about y O'Clock; he said there was to
be meeting Of the Free Lovers stairs and he was
afraid there pould be trouble there were about
forty persons scattered around but not al before his
door; they were laughing and talking; found Mr.
Tsylor near the door inside Of the sloon had 40
bus pess with Mr.. Taylor, only to ask him what the
crowd wa aIourd there for; after telling me tina,
tn. re was to be nesting of the he sad
that he was glad that had come as be was fearful
there would be some trouble; | do not remem Der
whether he said trouble disturbance, or ROY; then
left ard went for Capt. Kissner, telling Mr. Taylor
that | would return in half hour; 1t was wnat DIR.
Tsylor had told me that caused me to 90 for Capt.
Ki:srer: | saw nothing before going for Captain
Kissr err which warranted me in making al arrest
fourd Can't Kissner az Nihios, and we then
W, nj together 70 No. 555 Broadw W we went in aud
saw Mr. TAYLOR and Lad conversation with him;
Mr. TAYLOR then accompanied Us up stars, aud We
went wi b him at his request; before Rolnk up we
stated that there disturbance authorizing US TO
make an arrest the crowd was gathering around
laugf ing and taking, but nothing more; had no
for nm han Mr. TaViOT
order 20 Introduce us 10 the person who Kept the
place: we were introduced to Mr. HHland b. M
TAYLOR on the hall Of the floor shere the room wes;
we went into the room: we were irefed wen Oy Or.
Harsnd: there ds ce at the ace at tia.
fine Mr. Tsylor wanted 10 go into the room alter
we left Mr.. Herland; should have gone 10 if Mr.:
TAYLOR bad OF asked us 70 g IN, GU, OF curosty
do not think would have gone up If Mr.. Taylor hed
rot reouested il; made arrest in the room the
anes, was made at the door leacing into the ROOM
had been in the room fifteen or twenty minutes when
heard scuie in the hall ssw ii srland snd Cooke
fair cllnched. ~
examination relative to Mr.. HarlaDd The whole mat
ter lies in nutshell Upon the evidence a. II stands
| discharge Mr.. Harand. The only question SOW re
naming is whether ait n the officer bad Mr. Harand
under arrest these parties were justified IN attempting
srescue. II il q matter Of Law as to how far man
has the right to attempt to rescue prisoner who is
under an Illegal arrest.
Mr.. LAPAUGH-If then, 1t Is assumed thst capt
pocept party. we shail contend as question OF law
that the badge OF Office which The officer wears cannot
place lin in q situation any different from that In
which any private citizen ia placed; that an oncer
who holds a person in custody unSarTaataDy has no
more rights than any other peis04.
The examination was then resumef
q. Had You drank any ardent spirits that day J
A. had. i. it necessary, Judge, to go into details
about that
WI1yIss fresuminel-Aftert the scufle attempted 10
90 into the LADIES dressing is to say went
10 the door ard looked In; i lid not see any one go
into that dressing room who had been making any dis
iD; a gentleman also told me had no right to 20 in
il might have been John Henderson, several persons
said the same thing; have no doubt but John Hem
derson was one of them; then opened the door and
looked in or rather knocked az the door, when some
one onered II upon which looked 10 and then cOsed
the door: | next saw John Henderson 10 the hall,
where arrested HarisLd; he was there taking loud
and usirg Threatening language; L do BOT reconect
wha. he said this was after had arrested Harand
and mi him in charge Of Cockefar; bad q CONVEX
sariou with Henderson about the arrest 1 dld not
arrest fier derson until reached the street door
cannot say John Henderson touched Mr. Hsrfand II
vould be hard TO say who did touch him; cannot
saw that Bsr jamin Henderson touched HniaGd; this
disturbance took place 81 the coor when Harisnd was
arrested they cried: "take him away" :" let him
| Ieo.r and booted and hsloced good many
Others cid the same the first words had with Bens-
min Herderon ives in the street; cannot swear 70
sir ole word he said; bis brother John said on the
| fouIth floor, when HarlaLd arrested, that he
| thousht Cockefsr ought 10 De arrested told al n
that Cock eair had made charge Of assault and bat
try az ains; HsraLd, and Twas obliged TO arrest him
| John Henderson then asked my pane AMI SAD l
vould hear from hin the next day; that was all ne
said 81 be time arrested HIN at the street door just
In the hall arrested him because be stopped there
and used Threatening language, and shook az
6.t under ny nose; before | arrested him he made
sorpe remark, cannot tell what but II WA addressed
TO ne personally be asked me if my name was urn'
bulI and said Ii ws; be then gave me bis address
be then shook biz fst under my nose, ahd sa II iaG
nv hand on him be would DO something TO me-
thoushi he meant that be would iDdict personal chas
.sr,ent on ne; befoIs hs did not tell BIN 70 stand
aside or TO stop wbel be shook bis INST told nin u
90 on or would ares. him; be did not make any a.
| tempt 10 suike ne; John said, on coming dowr
stairs thst be did not think had any rS ~ 70 arrea
HarIard be said al the bottom OF the salr thst ht
had rot broken the peace, or made any disturbance
| ,old him / thought he bad; we were taking soou
wen l arrested John Henderson, on my way =
The .tsiior house had John Henderson oy the deck
and ,old him il be did not 20 along quietly woui'
choke him; cid not tell him that would shoot him
| "a TIA. had The dor 1men.s u nv pQckA.; / 5Ad