New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-27
Ia " INI,ELLITEVCE

MARINE COTRT-SEPT. 6-Before Judge BIRDsALL.
SUIT AGAINST POLICE FOR ALLEGED TREsPAss INTER.
FIRING WITH PRIMARY Election.
L. M.sb and William Hinyhmann.
To recover damage for ale red trcsp lss in Ca)t. l.
house n pI,r through The window siI remaining in
,ooa caetied for he primsry ELECTION in Augu.t AS T
case uded The 'rpe.red that h,d ben
mode plaintiff with the rsmm.uy Committee wa tins, t6r
house should b. closed srd secured except ng eft Ia
on. the wDdo~s through uhcn the bal were 10 be
Me.sr George er Jane. Reed and Roger Doan were TO
lie the only p admitted the room or the h9ue In1
the mode which bad been exercised generally IN
tire srd primary election. The election TOOK pee De
tween spd eoep IN The aiternoon 0n me par ."
by he nsPeetor hi, was med on the part OF the
and ray alleged toe inspectors staEg that they had
1postused against the Police coming into the room OF ne
The ca.e as summit up with much force and by Mass
R. f. Ancrews and Lawrence f0 defense aud Mess George
Bss,ow aud r. Busied fr plaintiff tie former cOnead1d hi
been made by the crowd TO cOsn the house.
that defendants knowing that their presence Ia the room
where the I.oboI Wa 70 the .f'IS. b.
tho ,hst bad been sPPreh-nde me officers were ~
SET u bsyins publicly sdSer.-d hit primary election
would held his house that evening mus be construed as
hsvns invited a who had rsht chose 70 come aud
k on TO 90 there nd o the eise on; Of the rule that enter
uespss or Pya'e there va, dan ger
OF the Ward Of the ue:ghbohod being ami while
it scipowedged that every mans hous, his castle mere
still hishe principle by which men Is ps m I
safety rb es the paramount rule Of law They contended
that the officer; h.yn1 m.y ne onraI. oln
While there that they were jas ihed-inN aAny Pos men PEI
hArs Ould
&c tsp. DO peru'Dg IN Consequence mucn o. ste 70 30 I
uLtsd snd that where aes hud officers f-ithul snd dpsd
emu ry assigned 70 them they vii strike them down or
yi~t them with damages IN suit Ike the sent for having
Or tie cher haid vs.. tnded for p.int4s that the
orcibe Of hs Police 80 unnecessary and unnh
pToce.d vs.. N u.ap.on Of and dsnserou,t the
feorls ard should be VISITED BY exemplary damages
THE CHARGE.
judge BrIsalI in his charge held that by the estab
he principles Of every legs, IN possession Of prop
cry entitled 10 the peseesoIe 90 .li ~ oa ~
that person entering upon the and OF rs OF
smother except the usual and customary p1rp o" OF pa
tes. or invited hsTe espsser-taa there u 20 A ats
law sov,ritr primary elections sad being wholly ePabh-
ean proceeding unknown 10 the Common OF h1sA -
th eguacu. therefore rests entirely upon 7 Ia" on Gus
tom peIsoA hiring individual committee, room
CT snds 20 b ued for speelhe Pu -7 rs RIM
usetipr nav be advertised tho that only the
Committee @ be The premises be can strictly require tue
relate. to the sntf be had right e, his house to be
used such had sgesd and ntne agee
M, in The es.e y th.t tn. house BE- closed snd
cured perscns bat me three lnspec % Dc IN there
all ether peis6rs epterirs nvi ed b. tbs lnP tos
re,. ers A.repects the police cie unless there
had resch the n :e Of the Sou ihey naa no
he peace uisde the srty Of The police would been 70
ba, there and have entered the building unees 10
r az he roce and sustain them hrn th.y do hight We
q q, that the OF doubtful P5~sf. 10
usrted sgsns, Person. srads bound 20
.eep within the Uis a. the az b. rhsa ~ - IN,
power tbe Performance OF 81 unjust or 40 u4At
hould Be visited with more seventy th1h pe''on'
a. Ordinary tr'spsss 1T.
vii the J-ry s.y, from the tes'tn7ny whe nei
the between the sin'ir sud me "a'
tbs. the Inspectors Only were 70 be n we TOOL 49,
whether he oces rDder the r1'e' orcioy "h9ul Il.1
~ catered he ur!ses and breach q The peace ~
bz tonr ted her they eIsret II sueh va, tSe sgree-
uenI, sSe they entered, they were 80 -
resrcnd r. the eoEtIsr they bad ,ea lavts
OF 0set The there hsd been oresh u
~ rescs inside the verde Be In teT agor shoald tue
Jurt consider tie irrner they b-ry 70 give 10 ne c4se
Wat aye led exemplary damages EKeePor were taken
the b O defrniASs and motions Has 70 eaA
| IA . psrticU ar ~sy, 1 C..
T.rdi ~ favor Of pl.i nff fer : ic
On motion Of M Abdess, TIE Jury were -epars-y qaes
| toned sud esch stated that 70 be b.. verdict
The vercf tbs deendar,s AID can D. recoF
| cree f-cm either, the whole ,ott!yI
| Before Judge THoNPsos
| ISJJ M FROM BITE OF A DOG.
| DEM. Burke sgt Eugene Il. Cogrtaey
| Plaintiff keeps q camphene store, and has arg
route va. said Of fo 's suppy whom ne Prrh
suy srrye6 iheH hcusel D'fsneAet Keeps
hsr sod stable the Of Nc. 81 Pc 81 Il Thce pt1e
pi.rflr tsi hin az occupied 'A fo hls E2ss "
-C!.r =. ,1... " u -. 4 Il. sis- .5ss assA s.H