The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-24


JUSTICE OSBORNE, AND DISCHARGE OF Nh. Bril-
BANE, Mr.. HARLAND AND THE TWO HENDERSON,
At three O'Clock yesterday afternoon this examinato
commenced, before Justice Osborne at the Mayor
Office. The bad weather probably the cause of kee
Ing away many who otherwise might have been presen
for there was but slim attendance-not quarter
numerous the two previous days.
Capt Chas s. rurnbun Captain Of the Eighth ward I'd
lice being duly sworn deposed and said-I arrived al
sos Broadway, the 18th OF October at about in til
evening; Immediately went to the corner Of Primo
street and Broadway before going to 200 Broadway
crowd my attention was attracted, and stopped nj
told to go there that night before went Their
Q. What do you mean, then, by saying in your afda
Wit that some one told you disturbance was to TAX
place there that nght2 did not say 1T; 1t was Mr.
Taylor who said so; am not able to give the name
any one who told me that there to be disturbance
i was the common rumor heard it talked of in tn
station house; can't be parti uar to the day; cpl
neither state name place at which heard the rumo
on the 18TH am positive that heard on that day tin
ISth) that there was to be meeting at 800 Broadway
that evening, and that d turbance anticipated;
heard several persons speak of it, 1t was before iv
O'Clock in the afternoon first saw Mr.. Tayo
that evening, at halfpast O'clock who spoke
me; Mr.. T. said the was to be meeting Of the ere
lovers" up stairs, and afraid there would be SOM
trouble at this time there were some thirty Or forty
hood these persons were laughing and talking willis
they were doing this went into Mr.. It's saloon; tina
was all they were doing merely laughing and talking;
found Mr.. T. the door in the saloon the inside
Mr. T. first addressed me- had no business which cae
me into the store 70 see Mr. f. but stepped in to ask hin
meeting Of the ree lovers and was glad to see me- fo
he afraid there going to be some trouble; afte
seeing Mr. T. left and went Immediately for Capt Kiss
ner and told Mr. T. would return again in the course
half hour; the reason Of my going Immediately 70
Capt. Nssner was account OF what Mr.. T. told me;
saw nothing to warrant me in making arrest beor
going for Capt Kssper found Capt Kissner ct Niblo
theatre; got at Nblos between eight and nine O'Clock
Kissner and Immediately went to sos Broadway; O.
getting hack h56 IN thing
call again Mr.. T.; after Mr.. T. we went nj
stairs with Mr. T.; we went up at the request Of Mr.
there disturbance rendering it necessary for
to interfere; we had other reason in going up tina
Mr. It's asking us; Mr. 7. wanted to introduce to tn
man who kept the place; were introduced to Mr. Ha
land by Mr. t. after introduction went into tn
room; was treated well by Mr.. Harland; Capt
Kssner there dislu bance in the place where Nj
Harland at that time after seeing Mr. Harland MI
7. wanted to go into the room; went in all thre
together; would have gone in there without Mr. I.
asking, through curiosity; think wouldn't have gon
up through curiosity, If hadn't Mr.. T.; after
went into the ROOM and before going out again mad
at the entrance; was in there some fifteen twent
minutes before l heard the scuflle in the hail. then
went in the first thing that attracted my attention
Harland and Cockefair clipched.
Q. Did you whether it was Mr.. Harland or Nj
Cockefair who made the first attack A. did not
Judge think there Is difficulty about that an
decidedly of the opinion that Mr. Cockeair was the az
gressor see no reason why Mr. Harland should be dc
tained2 1t my intention all along to discharge MI
the officers had authority to make the arrests an
WHETHER even if they had not oher perons had RICH
to interfere.
Mr. Lapaugh-vcry well, sir, am willing that NJ,
HArland should be discharged. Mr. Harland may there
fore consider himself at liberty would like to ask Nj
Turnbull some few other questions, however, othe
points.
Counsel then proceeded to ask Capt T. several ques
tions all of which witness answered as foows:-I ha
been drinking that day. when entered the room wer
to that part OF the room towards Broadway; did a
tempt to enter the ladies' dressing after the scu
in the hall; went to the door; saw who wer
into the dressing commit any disturbance
fused admttance into that ROOM did not 60 the pei
son who told me not to 60 in was lady; there was
person, gentleman, who told me might 60 into tn
dress ing room; don't know whether it was John Her
derson it might have been him; am not positive VIII
told me- / have no doubt that Henderson was one
those who were there: after Mr.. Henderson told me-
knocked at the door, and some one opened it; locke
into the room, and the door was Immediately CLOSED
don't remember whether Mr.. b. Henderson present
the time; the next place ! John Henderson u
the hail. where they take the tickets and where arres
and talking loudly; don't remember what he said; i
behaved himself in ungentlemanly manner this WI
after arrested Mr.. Harland that Mr.. Henderson,
after putting Hariand in charge Of Cockefair had
versation with Henderson abo ut making the arrest
not then arrest Henderson. not till got to the stre
door can't say whether Mr.. Henderson did touch N
Harand it would be hard to tell who did; could M
say whether Benjamin Henderson touched Harlapd {
myself; the words said by the Hendersons said
the door the fourth floor they said, "Let go
him. stake him away from him. and such talk tn 4
man, (pontng to Mr. b. Henderson, did say something
is impossible 10 state what was said by them; can
note these things can't that Mr.. b. Henders6
said a single word which l remember; his broth,
John said the fourth floor where the pac
he thought Mr. Cockeair ought have been arrested
ana he wanted to know my name, which gave him;
used some threatening language he said would hear fro
him the next day. that Is about all he said and he ga
me his name at the door sted J. Henderson at Il
street DOOR did not see him from the time Harland
arrested until he to the street door; arrested hi
because he shook his fist under my nose and used hrea
enng language; he made some remark, don't know wha
down at the door; asked again for my name; ga
it; thought he going 10 inhct personal chastis
ment me; he said IL put my hands him he wou 4
do something; then arrested him. he said had no a s
thority TO arrest Harland he told at the foot Of II
stairs that he (r. Henderson, had committed brea
of the peace; told him thought he had; was talk
about this at the tire arrested him. my way to Il
station house told him if he did go quietly won
choke him; had him by the neck; did not tell him
would shoot him, or any other person. that had u
documents in my pockets; said would shoot the
II they did not keep OFF, had HIM by the throat with
left hand and the other his right Twas the l.
side of him Mr.. b. Henderson up took hold Of hir
tried TO pull him away and said he would 20 along wit
ous being treated in such way, BENZ Henderson "
and telling his brother would go along quietly who
abusing him, then arrested him; he was trying to
his brother away; held Mr.. Henderson alone Counc
man Bidder took hold Of him rny way: nobody W
rescued; B. Henderson attempted TO away; Counc
man Ridder prevented him from going away I think
officer Cunnin cham Roche who took BENJAMIN
the station house Capt Kissner and held the consult
ton, and that based upon what Mr.. Taylor told m
process against the house. didn't arrest Cockeair;
would have arrested Cockefair if any told me to
so; Mr.. {. mplaned Of assault and battery. !
Mr.. Lapaueh TO he Court--fhs il all have to ask;
am willing now to submit the il stands.
judge do not think there is any necessity for add
tonal testimony; the is clear enough. ! thir /
Capt Turnbus statement isvery satisfactory; think
Is very fair and frank of the occurrence the
Is no necessity for entering the subject further. II
only thing about which there is any difficulty is that
Benjamin Henderson, Capt. Turnbun was eonductir
his brother to the station house took hold OF the prison
and interfered with the officer The Of Harand
consider to have been perfectly uncaled for and
ranted, as Cockefair was the aggressor. As to
thorized action Of the officer IA making the arrest IL Is
well settled point In law that outsders
have right TO interfere with an officer even wht
there Is only the slightest color Of law. The officer
liable in another way-in another court-and not
those who are mere outsiders. Now, 1t appears tn
there was some interference the part Of the Hende
sons they did oppose the officer in the real presum
discharge OF his duty. Let confess, however that Il
testimony Of Capt Turnbull made in very fair wa
that In that testimony does not appear that any VI
lent attempt TO resist the authority Of the officer
made therefore discharge the Hendersons and all n
others. Bystanders bound interfere with
ofhcers-it Is not lawfult is not legal rescue
from custody. therefore decide to discharge all