The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-05-09

HaL In opening che for the plaintiR the counsel
stated hsA during the autumn of 1851 the defendant
took v into his head 70 for tho Office OF State
Sc tcr against Richard B. Connolly In the courso Of
Vac canvass Mr. Charlick felt aggfieved at something
~Ach his opponent hsd said regarding him, which ap-
pared In newspaper printed by the plaintiff On the
evening OF the I'd Of November, 1884, tho defendant
came TO the pressroom of the plaintiff, in company with
swo policemen, ana undertook 70 stop the press and
sseze the papers that being printed Hayes beiey
ing in that good old English maxim, that "a mans
house his cason ordered them OF the place. and
when they refused ioave caceably he went to work
md put them out Subsequently the defendant returned
with force Of polcemen Eem the Second ward station
house. and without The shadow of authority battered
down the doors and irdows, forced his way into
the promises, and dragged Hayes or 70 prison. Tho
,pAsinGG wxsg brought before Justice Quackcnbush,
tho Jefferson Market police COURT but the magistrate
disohargedhm, after telling the officers that they had
right v make the arrest Now ths was Q trespass
which the plaintiff couad not tamey submit TO- He At
brosght action against the defendant (who is
very wealthy man, bet It until to-day that be
conld bnng tho trial. His business had been in
Jared inconsequencc Of arrest and he subjected
70 insults aud injuries which would warrant the jury in
Civ ng him verdict Of ten Thousand dollars damages
without making any further aliusion 70 fe outrage
which had been inflicted upon his CLIENT he proceeded
% call Mr.. Hayes 70 the staud who testified substantially
THE PLAINTIFFS SIDE OF THE STORY.
William Hayes the plaintiff in the case, depos6d as
Scllows:.I know Oliver Charck, tho defendant; saw
vomber, 1851; he called at my Office, No. 10 Spruce
street. he there with posse Of police and because
opposite store, and making batterng Of it. broke
N al my windows; Mr. Charlck ordered the police TO
sSiss the papers was prlntins' and also o'dered
then To Jefferson Market Police Court; Mr. Chariick said
ho would send me to the State prison for five years. and
LAT, hail
ed Justice Quackenbush, when he arrived In court said
there was nothing beos In tho papers was printing,
"a the sruegc and was dragged through the streets in
. terrible storm Of rain.
CrosS- examncd< Had never seen Mr. CharlIck before
tho afternoon of the I'd Of November, 1861 saw him
several tines sncJ could not say whether officers Bana
aud Col AK were present; Mr.. Charlick told them to
seize me and Dr. Ingraham; saw the defendant az the
Second ward station house; two to my place
befor the police there and wanted seize the pa
these men.
George W. PIat assistant United States Assessor de-
posed that he present when the police broke into
nsan there who was call Oliver Charlick there
rush made for the press and Ny Hayes started to get
papers out the press, when attack made
upon Hayes by Charck and a policeman; went 10 the
Jefferson Market Police Court, but could not say
whether saw Mr.. Charlick there not the police, in
getting into Mr.. HayesAplace broke the door and win
Aows the plaintiff clothes were somewhat torn and his
hand cut
examned-I heard ono Of the men called Quack-
enbush and the other Charlck; unable TO identify
either Mr.. Charllck or Mr.. Quackenbush; am pretty
certain one OF the policemen was called Quackenbush
Dr. Ingraham was there, and called Charlick thief;
am positive he addressed some one Mr. Charlick.
Alexander Sutherland testified that he printer Of
newspapers acquainted with tho plaintiff and the
defendant; the defendant In the plaintiffs printing
ece on saturday evening the ID Of November 1851 he
press Mr. Hayes asked them by what authority they
tered his place. and finally put them out; they then
posse q and broke into the place. Mr. Hayes was
!aken away by the polise heard Dr. Ingnhsm tell Char
Maskes; he speaking the Judge; Mr.. Hayes was
kept in the court room until Dr. Ingfaham and
shsa be was allowed 70 go ss large; Mr. Hayes clothes
Crossezanined-I identify the defendant; to the best
q my recollection he Is the person saw At Mr. Hayes
him twice SINGS In court when Dr. Ingaham addressed
Charick he said Tsks yosr hands on me- Chariick you
swear that he Inside Of Mr. Hayes place don't
think would alter my conviction 10 his having been
present; am positive that he was there.
Frederick Davis deposed that he knew Mr.. ChaEick;
him 1t Mr.. Hayes place I'd OF November 1851; he
GOT out Of carriage with two other men, and came into
arrest Mr.. Hayes heard Mr. Charck say that he would
have the press stopped and the paper seized as WINS
ne psuers but Mr. Hayes prevented them from from
Doing So and put them out OF the ONCE;
they subsequently, returned with about twelve police
men, and broke In the windows and door, they seized Mr.
Hayes and dragged him through the street TO the station
house, Mr. Chariick did not into the Office the
second OCCASION he drove or in his caSrage after Mr.
Hayes was arrested when got TO Jefferson Market
found Mr. Charlick upon the bench with tho magistrate,
AID Mr. Hayes at the bar just as though he going to
DO Hanged; r Hayes clothes torn and he looked
uko man who had been Knocking about the city for
year, with everybody kicking at him.
Cross-examined-I saw Mr. Charlick about eighteen |
months before this transaction his oco in Sixth
enue; went there to get job am quite positive saw
him on that occasion.
Milton T Tyler dcposed that he set up the type Of the
alleged lbelous newspaper the defendant Tito
the witness Office in Ann street, and asked where The
author OF the article was witness told hun that Dr. In
M Charlck to the plaintiffs place in Spruce street.
where lie was sure the Doctor could DO found witness
went along with the defendant and the police and they
visited Hayes establishment In the manner previously
described b. the pi9ntid himself
Cross'cxanlnod-I am quite sure that Mr.. Charck
came with Us to Hay es place; don't recoliect his leaving
The police at the of Nassau and Spruce
before taey visited Hayes place.
THE DEFENDANTS SIDE OF THE STORY.
Mr.. Hall said be would waive any remarks that he had
70 otter until hi testimony WIS all in, and would there
fore proceed to the examination Of his witnesses.
JOHN Quackentush dcposcd that he n police JUS
lice in the autumn OF 1861; was acquainted with Mr.
Charlick issued warrant for person ned Inra-
ham, another named Tyler, and third pcr1oa whoae
name do not recoect at the instanc, of Mr. Chsrck;
The warrant returned TO after dark; the officers
had Messr. Ingraham and Tyler In charge; Mr. Hayes
was present Also the sergeant OF police made charge
against him for interfering with him ia the discharge of
hts duty; d a not see Mr. charck when the paintin
arrived in COURT am positive he was not sitting the
bench with me that night am well acquainted with
Mr. Chariick, and could not be mistaken about his not
beng present when Hayes was brought into court;
the bench the occasion In question: and OF them
might have been mistaken for Mr.. Charck by the Wit
who have preceded issued the warrant upon
affidavit made by Mr. Charck charging these parties
sh publishing hbellous paper against him called the
Ulon.
Crossexamned-I did not tell Hayes that be might
print all the papers Of that kind he liked there
complaint against Hayes except by the officers adj
siscd the officers 10 withdraw the charge and discharged
BIN accordingly had issued warrant for Mr. Hayes,
tciiher was there any written complaint against him.
Peter A. Banta, sergeant OF police testified that he
.eceivcd the warrant from Judge Quackenbush already
reterred TO; received II about four o'clock p. NJ;
On Ter Colfax with me, and large stout man. whose
name do not remember; went TO Ann street nrst and
arrested Tyler aud then went 10 Hayes place, In spruce
Mreet TO arrest Dr. lngraham; Hayes asked me what
ssnscd told him had warrant for the OF Dr.
Ingrahan, and would not 20 without him he told
90 out Of his place. and Knocked me down then went
The Second ward station house. and getting assistance
me back and arrested Hayes for interfering with In
De discharge OF my duty; Mr. Charlick present.
know him. and am positive he not there
Cross examIned-I always show my when per.
brming arrests; j am positive showed my warrant
HAT OCCASION the warrant was fled away, bot
whcn they were making an alteration In the room