The New York herald., 1862-12-03
The Trial OF Superintendent Kennedy.
DECISION OF TEE POLICE BOARD IN TIE BRINsMADE
CENTRAL OFFICE METROPOLITAN POLICE,
No. 413 BRooxR STREET, CORNER or ELM

CENTRAL OryIcE METROPOLITAN POLICE,
No. 413 BRooxB STREET ooRSER or ELM
NEW YoRK, Dec. /, 1852
10 the matter Of complaint against the Superintendent
Of Police for improper conduct
Resolved That In the opinion OF this Board Mrs Brirs
made arrested in the city Of Washington on the =
September by direction Of Provost Masha Baker subor
nate officer OF the War Department that she there
detained custody by said Baker and by his order
brought TO New York BY police officer. with the verbal
request Of said Baker 70 the Superintendent that she
should be held custody and person be permitted 70
hold communication with her until transportation 10 New
,T M new o
the 18th OF october applied TO said Baker, then 10 Nev
York. for order for her release and that Baker declined
10 such order, aud by letter there written ad
dressed 70 the Superintendent but dated at the War De-
partment, Washington. informed the Superintendent
that the Secretary d War regarded the arrest Of Mrs
Br.nsmads as nnwarranted, and that there was no
authority BY which she could be sent 10 New Or.
Of ns vbea me was ,,.t
pesntendent the request Of Simeon Draper Provost
narsha General and that during the period Of ber deten
dence adduced 70 show that either the Secretary o War
his Assistant secsstares or the Judge Advocate General
had any knowledge Of the arrest detention Of l1s.
Brinsmade by order Of said Baker
Resolved That . citizen cannot be lawfully held in
except On The ccmmitai Of judicial oiucsr, Or Il for
military reasonable offence the written order Of
s % ss
request Of subordinate and irresponsible oncer
unwarrantable assumption Of pswk.
Of political rights il was ibe duty Of the superintendent
70 have applied Immediately 70 The War Department on
Mrs. Brusmade being placed In his custody, 70 learn
her detention was authorised by that department.
Resolved That IL was the duty Of the Superintendent
70 have obtained the previous consent Of the Board Of
Police for the unssua purpose or detention Of prisoner
n one of the STATEN houses, inasmuch they not
under bis control and because their and custody
exclusively with the Board OF Police
Resolved That the specification Of rude and offensive
conduct Of the Superintendent TO sr Phelps not proven
Resolved That the Superintendent be and be hereby
ceneured:--
l. Fer the deieston OF Mrs. Brinsmade as prisoner,
without warrant or order In writing by competent
tbority.
For omitting make application 10 the War Depart
ment for instructions In respect 10 Mrs Brinsinade.
g. for using the station house OF the Board or Police
for unusua purpose, without the previous consent Of
the Board.
Resolved That while s the duty Of this Board 10
buke every assumption OF unauthorized power and overy
infringement Of the rules established for the
OF the police force IL s also incumbent the Board 20
express at suitable times e approval s the general good
conduct OF It's ofBcers and, therefore,
Resolved That the Superintendent by his earnest zeal
his 6delity, and by tho ability he has shown In the dis
charge Of his arduous duties entitled 10 and has the
entire confdercs OF the Board of Police.
8. G. HAwLEY, Chief Clerk