The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-22
French railroad Prisoners.

The folloWing 10 the worn answer of Nr. BENZ. Gal
brah, one Of ParAs COUNSEL In action brough against
him and bis Associate by person representing himself
be deputy ailor for alleged assault aad rescue Of Pa
rot from bis custosy-
sUPKsIos ooUKr OF rHs CITY OF new Yoak.
Leonasd hGnsd Agdsna John fronsAend and Renjamin
Gdiovah-rne defendant, Benz GAiorAtn, for answer,
F,r.t A TO the allegation In the com tina, the plain
TN ara Was at the times there mentioned deputy TAILOR
In the complaint mentioned, be- this defendant denies
belief ' ''''1 '-'' W. ''''' ~
Second. A. to the allegation In the complain, that the
deputy jor be, this defendant denos tina, he had
any such Knowledge.
fhird rbis DEFENDANT denies thu, a, the time OF the
oommiaa II the alleged assault aud battery 10 the
plant mepiioned, the sao Auguste Parrot Ia
tody Of the Sheriff OF the cit, and county OF New York
Fourth. this defendsn, denies that the said Augus,e
Parrot ~s arrested by the United states Marshal Tor the
Of the OF he Uoises ios aod ta,, oy vi,cs OF
any suc warrant the ssd Aqgu'te Parot
70 jail ss IN the complaint 10 alleged
flfn. And this defendant deoies that under the
rant lastly mentioned any proceedings sere pending
against the said Aususts Parot befsre George Beus
bq 90 the tAid llh day OF June 1885, or that became
ana that d ~ necessary that the sad gusie IA
70, shoad an' nd oerore The sAd George Bets a. in tho
conf laLt Il alleged
ss,h And tr, defendant 6enie, that tho said Augus,o
Psrot vac 90 the lTh day OF Juno 1887, committed ~ tho
custody " The pla, III as In tho complaint |. alleged
Seventh And this defendant denee that the said
18th iaj OF June 1851 the iac Auguste continued
or Wa in the ou'tody OF the plaintiff In the lnt
alleged and he his defendant, den es that be assaasd
the pah un relied and held him in he complaint s
alleged.
Ego,h And ,h. Defendant saws before and on the 22i
day II Nay 1857 the said Auguste Parrot IN the lsni
named, the custoi ~ OF the Soc ~ of ci,y and
county o. Nee York civil action then Deepen ling 10
the supreme Court Of the ate Of New York. Ia tue
Northern Railroad Company OF France pl,iadd aud
the ,ad AUguse P.rot and others oefepdans aai
on toe Gag ,as siores.d the said Ausu,,e Psro. s b.
said ntbe5n Railroad Company OF France and at his
quet oschs sed from the ,sd custody Of the said ern
IN the saio civil action, and thtocfofih ia ~
cussody OF the said Sheriff the said civil acton y
oi'i action ~bsever and That from the dai last nsm,d
IN he ale cu. dy Of The Marsh Of The Used State, r,s
the southern district OF Nev Yok, BY viz ue Of
under the hand and seal OF George D Bsus, E,q Con
mpcne appointed and acting Ter act OF Congress-
sntNed Gan give effect 10 certain treaty pulsious
betseen and foreign governmsni for spprs
Gcoras setss ~ such Com on the said 2s,n
day Nay, 1897, tered his decision In tbs utter 10
shch he said warrant issued cccarns that tnere W. no
Parrot ana hereupon he said Auguste Psroi became aad
sn eniieo 70 his discharge from the custody OF said
kSsha the said Mar bal uns sfuly detained the said
Augu,te fS0, custody 81 No. College placs toe
city OF New York, thsncefortn until the I'd day OF June
sS' sna 90 lns Gay last nam % ,ne 'ma ssrsna shoa.
Auguste Puo' 70 the city jail Of the city OF Neg York, and
The sAd Auguse Parrot sS In ssd i. una -fals im ,rs
oped and ooshIed close prisoner al, the said 18th dag
Of June, 1884, on said 17h day Of Junc, 1851
Ibecdore Rnders, 9TH o,oe0, bis fellows him aiding ana
Nhose 70 tnis
Without sny lawful occasion, took and carried the said
Autuste Parc, from the said jail through and along rsn
Tubhc streets In The city or New York 70 No College
pace Aforesaid, The said me- dore Ryndc0 pretenilpg
Thai be held said Aususte PAro In custody under
warrant or order OF the said GeosgeF Bets then force,
and 70 ans yer 70 some proceeding then pending before the
said George Beta against the said Aususe Parrot, chen
10 Truth there vas sush warrant or order OF tho said
George Bette 10 force and proceeding pending before
me said george Ben against the said uguse Psro and
on The said 17h day OF June 1887 the said George Ben
declared he had no power or Jur,ic over or 70 de
thereupop the said Theodore Rynders declared ihat he
could not further moett the sad Auguse Psrot nor al
tempt 70 control his n,vemenn that tnereupon tho plain
u ad hs hands on The cato Augusta Pos and required
sad JAIL 10 Edrdge street. that tbereupon The defendant,
John bend At the request OF the sad Auguste Parrot
inquired OF he plaintiff he had any warrant or order tear
rect said Angue Parrot he plaintiff answered that o
nad not, maj tho authority for the arrest OF the said Auguse
Pa OF vas at The said jail With the keeper thereof; that
nevertheless the said Augus Parrot submitted himself 70
The plaintiff and accompanied him some distance that this
oeendent walked with the said Auguste Parrot and alter
proceeding sthot distance the defendant John rownshepd
Al The request Of the ssii Aususse Paro,, Informed
Their With the plaintiff unless and until he, the phnud,
produced some authority for srrestins and OBTAINING him.
SAID Aneuse sro and requested the plsiptd 10 p-oduoe
bs authority any he had tns, the plaintiff REF fsed 70
produce Any Authority, and vas then dr9gns the said
Auguse Prot song the street by the arm ~ben me de
endnt John Tovnshend al the request OF ssd Auguse
Itrot requested the plaintiff 70 watt a. the said Aususie
Parrot would 20 no further NV III authority was pro
duced Tor bis arrest that the plaintiff utterly duegrfet
tbs request and continuing 70 drsg the said Auguste
Parrot sonE, the shd Aueuste Pstct res ting when the
defendant John To-nshend despsiobcd messenser for
police ofBoer, n requesting the plaintiff 10 desist from
bsgeus the said Auguste Parc along the street without
Proaacioe any authority; thA ~ leaSh NE dehndant