New-York tribune., 1867-02-14
CONFLICT OF AUTHORITY.

SUPERINTENDENT KENNEDY CHARGED WITH LIBEL
by POLICE JUSTICE MICHAEL coNNotIH-Ex
ANIMATION AT TIE ToMBs
On the Sth inst. Superintendent Kennedy OF the
Metropolitan Police, issued to the various Police captains
in this city an order recitng the fact that two members OF
the force had been committed TO prison by Police Justice
Michael Connolly, complaint OF assault ana battery,
made by a liquor dealer whom they hau arrested ior
bc EXcse law and therefore prisoners until further
orders should DC taken before Justice Connolly or to any
Of the Peare The i2b 18TH 2lst 2d 23d SOth sst, and
2d Precincts TO send all prisoners apprehended by
known that Justice Connolly was presiding at tne FOurh
District Court for special orders what court they should
me taken before. IL furthermore stated IN
lie order that the course Of Justice Connolly
had been taken under the advsement OF person
who had recently appeared counsel for Liquor Deal
eT Society, and IL was presumptlVe tAt slul course
intended TO be pursued toward m an otmeT a tbe
Superintendent had deemed necessary to issue the above
order on Tuesday Justice Connolly went before Mayor
Hoffman and made affidavit, charging Superntend.
eut Kennedy with libel In this affidavit he says that
lewis and Van Gisen the officers arrested made no de-
tense whatever the charge against Them and that
gotcmepfs Of tGe complainant and his witness l1r
WolfordI that the demand for bail from them was
entirely the act OF the deponent IN his judicial cSaPsey
SaTtcipate 'i nor claim the tight to- participate
IN that act nor did he give any = advice
70 the said Levins Van Glsen at any stage or in any
part IT, taken pursued under the advice OF that
counsel og any person whatever but was the usual course
in similar eases He further charges that the order OF
suIprutendent Kennedy alluded TO above, is the result
f personal malice 6c, sc, wherefore he 'prays that
tLa said Kennedy may be arrested for the Oese aOfe
said and dealt with according to law"
The affidavit submitted to Justice Downing, anu
tbc latter 10 Superintendent Kennedy note request
ING that he appear before him at the TOmbs POce court
al o'clock y. yesterday, to answer 10 the charge OF
libel pTefcrred by Justice Connolly. Long before tne
hour appointed for the examination yesterday the Court
room was crowded with crowd Of rum sellers ana
others all eager witness the result OF inc eXalnh
ton In this however, they were disappointed, TOT the
examination was held IN the used Tor that purpose
no one bcing admitted but the complainant ana the c
sed the counsel magistrates clerks, and reporters Ior
the press.
The affidavit was read TO the accused and in response
fo the question nc replied that he was Innocent ana III
order 10 obtain speedy trial would waive an examna-
ton Justice Connolly suggested that " would ne wen 10
await the aliyal OF counsel who would argue the puc
ton of ban. Justice Bowling replied that superintend
eat Kennedy beld responsible position. ana c9u!d
bt fGiiId af any time and he thclefore proposed 10
ollow him 10 go on his own recOgniZance. lie believed
that this course would have been taken by Justice Con
molly under similar circumstances. While The hali Glcs
tOn pending, the complainant ana accused lhdeeu
in angry personalities, which were promptly re-
pr the presiding magistrate The decision OF the
ma isfrafe allowing the accused 10 on his own recog
nzance having been announce. the party left The court
The papers I'm the viii be az once sent 10 the Grahd
Jury for their action. -, !.
on leaving the courtroom superintendent Kennedy
passed through the crowd Of liquor dealers who were
tUrcTcgdtCd In and around the main entrance 10 inc
Tohs some al them gave vent their hate by Kisses,
bat the gIcat majority coutened themselves with look
ing their dctcstation. The object OF this manifestation
passed quietly through the crowd taking 10 notice what
OF lts threatening aspect.