The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-05
Marine COurt.
Before Hon. Judge Maynard.

ACTION AGAINST THE CENTRAL PARK POLICE FOR
TREsPAs5.
AUG. 4.-.Scudder rs. John ~. Bennett.-This
suit is brought by colored man against Captain
of the Police, for ousting his effects from house in
the Central Park, in trespass The defence Is, that
the Commissioners were authorized to appoint po-
lice force for the protection of the park, and ap-
pointed the defendant Captain Of that force who
acted under orders from the Commissioners.
John Pye being examined, deposed-I am pc.
liceman the Central Park; don't know the
plaintiff: never saw him that know Of; | know a
certain house called the Scudder House; IT was IN
occupied in June iast assisted in carrying out
some old rubbish; one or two other policemen helped
to carry the things out; Capt. Bennett ordered me
TO go and he, to clean out that house.
Crossexamined-I went into this house two or
three days before these things were removed; the
moved was old harness.
John W. Bennett, defendant called by plaintiff
Says he knows the house in question:: II never was
locked to M knowledge; l never broke open the
door, and never directed il TO be done directed the
things in the house to be taken out; should think
IL took about five minutes 70 clean on, the house; |
never saw the plaintiff TO my knowledge; com.
menced on the Central Park about the first Of June
as Captain o. police force; the house belonged t.
the Corporation Of this city, after the things
moved there were children there Of defendants,
] also told them where they might put the things,
and that would lock them up until they wanted
them; the children put them there, and | locked
them up until they were called for by defendants
chidien; there was about a wheelbarrow full OF
things; Iput tenant in the house "a black woman,
who staid there few days, when the rats drove
her out.
Crossexanned-T was appointed by the Con-
msioners of the Central Park to take charge o; all
houses not tenanted. and under those instructions
took charge Of this house. and the Commissioners
have approved OF my acts in relation to this house,
when took charge Of this house there was no per-
son in care Of IL.
Eliza Benben (colored) deposed-I did know
where the plaintiff lived in Eighty.fourth street.
/ don't know where he moved: the door was
locked when Captain Bennett opened 1t; saw him
present when defendant opened the door; saw the
man the things from the house, and put them
In the yard; went there with Captain Bennett and
some other policeman.
Cross examined-I cannot tell the day OF the
week nor the month that Captain Bennett opened
this house; | never had seen CAPTAIN Bennett be.
fore; some girls there said II was Captain Bennett
] mean to swear that Captain Bennett kicked open
the door OF this house. this year, about dusk Ben.
nett then called to the men 10 take the things out
and the men put them out into the yard; do aot
know what any Of the things were that we're taken
out.
Ada Thompson (colored) IL knew the house that
Scuider lived in: went up TO this house with Capt
Rennett and others. and saw the door opened, but
who opened " cannot say; II IL was fast, 1t opened
very easy: they put the things out, and moved in;
think IL was between three or four o'clock PM;
Eliza Benhen went there with me- | did not stop
there more than one day; the rats were very thick;
could lay nothing down but the rats would get Il,
and left.
Cross examined-I did not pay any attention to
what the things were that were moved out; moved
in the same day defendant put the things out OF the
house; Mr. Scudder had moved out before this some
days.
Mary Thompson, daughter Of the last witness,
gave similar evidence.
The Cour.-The defendant was not in possession:
therefore he cannot maintain trespass. Where pre-
misses are unoccupied title draws possession aterit
The city owns this property. The plaintiff bad
moved out week previous. II was the duty Of the
defendant, az agent Of the Central Park Commits
sionors, TO take charge OF all unoccupied buildings
in the Central Park. The old rubbish that was re
moved bad not been proved to be worth anything
nor to have belonged TO the plaintiff am of the
opinion that judgment should go for the defendant.
Judgment for defendant with clio costs and al.
lOwanCc.