The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-31
Important to Liquor Dealers.
ACTION AGAINST THE METROPOLITAN POLICE 70
FALSE IMPRISONMENT.


ACTION AGAINST THE METROPOLITAN POLICE FOR
FALSE IMPRISONMENT.
MARINE COURT
Before Hon Judge Maynard.
JAN 2e-Nicho,as White Peter Sguires, cdptcin, and
Ed,card Church, Policeman Of ne Eleventh Wdrd.-Ihis
action brought $3.50 damages for false i'm
prisonment under the following circumstances. Mr..
White the riaiutH II liquor dealer having store in
Lewis street and residing In Madison street On Sunday
evening, January II, White informed at his resi-
dence that his barkecper had been arrested and
taken 10 the Eleventh ward station house. White
then went 10 hs store and found the defendant church
there who told him that the barkeeper was in the sta
ton house He then went TO the station house for the
purpose OF getting the keys OF his store and ascertain
ing why his batkeeper arrested Captain Squircs
sitting in the station house reading newspaper,
and the defendant (Church) said to Capt Squires This
Is the who the store where the barkeepcr
arrested upon with Capt Sluircs said az he Is the
owner Of the store he the that should be locked
up and not the barkeopor, and ordered the plaintiff 10
be locked up, and he was locked up from seven O'Clock
Sunday evening until eight O'Clock Monday, and
fined in cell IN the station house without warrant Gu
Monday morning Mr. White marched TO Essex Market
Police Court with several prsoners and Justice steers
bayir heard the complaint decided that offence had
been committed By Mr. White and told the officer that
he had DO authority 70 arrest him, and dismissed the
complaint
This action was commenced by warrant under the act
Of 1919 and both defendants arrested by the Sheriff
Oakley Hail applied Judge White, OF the Superior Court
fer writ of habcas corpus 20 discharge the defendants
from the custody the Sheriff Upon the hearing before
Judge wLhe Meesrs John Mckeon and F. Smth'appeared
for the plaintiff and aiso for the sheriff
Mr. Hall ciaimed that the police were exempt from
arrest under civil process under the Metropolitan Police
act and asked for thor discharge
Judge White rendered. opinion denying the applica-
ton demanding Squres back 10 the custody 81 the
sheriff.
The then tried before Judge Maynard in the
MARINE Court The foregoing facts wore related and the
decision w reserved
JAN 3o-Whisrs Sg,ires and Church Judge Maynard,
n re"oermg Judgment In ths case, which tried be-
fore him. said that this action brought against the
defendants one Of whom the captain and tho other
Jatroman OF The Eleventh ward police 10 recover dam
ages for false Imprisonment That appeared from tho
testmupy IN tho care that the plant,r called a. the
Eleventh ward station house 10 procure the keva M Ria
eture from his barkcoper who DETAINED for IN
alleged violation Of the Excise laws ina, he askea tho
officer IN charge he could his barkeeper 10 yet the
ksys Of his store from him Church the defend
ants bearing tho remark said to Captain Sauir,e the
other defendant "This is the OF the storev Cp
tain equircs replied, "Thcn Look Dim up, too" which
was immediately done by Church, and no was de-
faihcd IN tho ecu with two prisoners from
Mr. sauircs testified that ho by tho reading
newspaper and he did not know that the plaintiff wu
hooked % under hts order for sonc tins afterwards lie
b no doubt good ocor bat IN this case be did not
ercse that precauton which was his duty 10 do before
dciyng mcrchsDt any citizen OF biz liberty by con
signing him cell for the night with prisoners tor tue
commission OF crime except calling at the station
bose the keys ~ his store which In the posses
a0n OF servant who there detained In rendering
Judgment this case, have taken INTO consideration
The fact that Mr. squires good officer, and probably
dsoendent upon bis salary for hts support Judgment for
p.aintif for $3.50, with oosts