The New York herald., 1867-02-08

legged Delinquenfs, dc.
Owing TO the absence Of Commissioner Swinburns
yesterday the Board Of Excise unable 70 meet Su-
perinendent Kennedy presented TO the President the
names OF the following liquor dealers praying that their
licenses might bs revoked by the Board and that aer
the revocaon Of the licenses civil suit be instituted
against them for the penalty Of s50:-
samuel Wood 800 Pearl street; Joseph Behr, l49
rear street. Ewad Hoffman, IS Oliver street.; Samuel
y p.ss wrmott No East Broadway; Henry schane. II
William Bruc6man, No 3 Hoboten street: Jonu Fits
gerald u Mulberry strest; James scalley, lss Pearl
Duane Pike sasn - Ea;s sn E as
way; Henry Roes, la7 Cherry street James McIAngh-
lin. lse Cherry street; George Klsment as4 Third
street; Wall willard ssa Broadway Joseph RIM, loa
street. Charles Rsss 1853 Elizabeth street; Charles
ssns' csnss street, ~ 1s Ess: Es1 .s' al c.ss s
ls Mss1s 8 ssss s :Is;
avenue; Henry Cogan 1877 First avenue; John Matser
% avenue Francis Petry, i5s second street; Hugh
Second avenue and sxty.third street: John B. Dmgis-
den. 9S2 Third avenae Henry Elias Fy-ninth street.
Sss Tifsh avenue irnaas Fox corner Fifsesh street
and Seventh avenue: Pster Appel, l612 Broadway;
Charles Jacobs Co. "a Eighth avenue; Patrick Cav
wch street. Christopher O'Donne 20 Macdougal street;
Christopher Frey, "a Crosby street; William schwalen
berg, l5l East Twenty-6fth street; George Wessell
Conflict OF Judicial AuthOrity-Imp0rtant Test
Case-Arrest Of Two Omicers a Charge Of
Assault and BaItery-Their Comnltment and
Refusal to Give Bail.
A case involving some very important points. both n
regard their legal interest and che relative distribution
Of authority between the judicial and executive
branches under discussion at the Fourth District
Police Court yesterday. Thomas Greaan proprietor OF
% arI a. sr1 as W
his bookkeeper were arraigned at this court on Sum
day morning the Soth nit. the former charged With
Connolly upon an examination into the facts Of the case
deuce insufficient to warrant the further detention or
commitment OF the accused discharged them from Gus
counsel. made application 10 Justice Connolly Tor war
rant against officers Thomas Levns and Richard Van
Gesen Of the Twenty second precinct by whom he and
his bookkeeper had been arrested. The application WAS
based upon complaint charging the officers With an
assault battery upon the OF complainant and
bis bookkeeper, q set forth In two ahdavs OF which
Complainant has, in connection with bis stable bar
o' s ns Icsnss IN sndav the ah nt betWeen one
and two O'Clock in the morning, be and his bookkeeper
Allen Woord, being In the oice heard knock at the
door on Seventh Woford opened the door and
admitted two men, whom they Afterwards discovered TO
be officers Levns and Van Gesen Of the Twenty second
Cream 81 and being answered Yas." said. a arrest
you, SIR" Complainant inquired for what and being
eTs UI
their authority, whereupon Lsvins exhibited his shield
Tho complaint iurther states that the officers then moved
towards the passage way leading to the baxroom and
complainant ordered them not TO there, saying that il
closed but they persstng, Lsvins caught hold Of
he resisted. Complainant then asked wolfod to hand
him his pistol but as Woford made movemeAt 70 20
his head open II he stirred Complainant was tnsn ar
rested and dragged through the streets 70 the station,
being roughly handled on the way and thrown down.
detained Complainant and wolford both swear that
violation Of the law occurred In their house that night
JUDICIAL rR0CEIDrNCa
warrant was accordingly issued, and being served
the officers were duly arragned TO answer q tse charge
handed they we're course committed 70 answer beng
permitted BY the kindness Of the court 70 upon their
their parole In consideration that they would furnish
bail before certain day surrender themselves for fur
ther disposition Being preveneed from attending upoa
the day last named in Of their arrest By the
Justice Connolly. and yesterday brought before him
on second arragnment Having explained the Of
BY the court thew we're prepared c The ball
CONFLICT or AUTHORITY.
70 this they replied that they were mo-, that ~ sney
give bonds in the case, bat suffer themselves TO be
locked up. Justice Connolly then said, II have no
disposition or desire in the matter to punish you un-
necessarily, act with any undue severity, but nay
duty, committing magistrate gives me no alterna-
tive n the matter You have been brought before me,
in q regular course of proceeding, charged with .
breach Of the law the necessary adavits are on e,
and have no discretion but 70 commit ycu 70
eide upon the question OF your guilt or Innocence In
this connection cannot but regret that those whose
fully executed and the mandates of the courts obeyed,
should instruct you In manner seeking TO bring the
authority Of the courts who alike with them crea
lures OF the law, into contempt will have to send you
down stairs"
go their hail. but the prisoners although little reiishng
the return OF the poisoned chace evidently feared to
give offence to their superior officers by accepting his
OFFER and declined It, stating that they could procure
plenty of bail but their orders would not allow them 70
do So After further remarks by the court TO the
the officers that they we're not ambitious Of becoming
martyrs the indulgence OF the court was at their re-
quest extended 70 them ~ until TINS n nornns S ten ten
be supplied with taste Of the comfort they provided
for Mr. Grsgan and his bookkeeper
teenth precinct arested Watt Willard, keeper Of an
sie Excise law in not having his bar completely and
edectualy closed after twelve o'clock At night Mr..
,,uuors and thai he had conformed % all The require
meuts of the Excise law No evidence being offered to
show to the contrary Justice Downing discharged Mr.
xc.inS % Captain Garland order ordered oscsr siminssoa
OF his force rearresi Mr. Willard any other psrsops
bar was not more securely closed than had been
time Of the former arrest Accordingly the ofhrer ar
rested John Willard orosnsr Of the proprio.or John
court yesterday morning where Mr. Willard. keeper OF
the saloon, appeared with his counsel John sedgwick,
ESQ.,. and expressed determination 10 ascertain his
rights in the premises and sad he intended to make
Of that he might know what 10 depend upon
In future.
Mr.. sedgwck counsel for the prisoners, demanded an
examination in the case OF Dwyer, which was granted
and named for tomorrow Saturday. afternoon In the
meantime the three arrested at Mr. Wllards arc
out on bail Charles Brown, "a Greenwich street. and
Peter Landam l2s Broome street. also arrested
and held TO bail in $500 each.
POLICE INTELLIGENCE.
Cryr EyrERyRIsxs-RRARRysr or THE TICKET anLsR.-