The New York herald., 1867-02-13

The conflict between the jurisdiction of P0-
lice Juatice Connolly and the Superintendent
Of tho Police force, Kennedy, has become q
matter Of controversy and excitement The
facts in the case, as far as they arc developed,
appear to be- very simple, and are based en-
lirely upon the activity Of certain members OF
the police force In carrying out the Excise law.
The keeper of livery stable to which u
barroom Is attached, and his clerk, were
engaged on . Saturday night In settling
their accounts in the Office. after the witchin,
hour" at which the Excise law declares that all
places where liquor is sold mus be closed.
Two policemen knocked at the door and were
admitted. They Immediately proceeded to
arrest the proprietor Of the stable for q viola
ton Of the law. He protested agains. the
arrest and assured the officers that his bar was
closed and that he was simply attending to his
financial business with his clerk. Nevertheless
one Of the officers presented pistol at his
head and carried him or before Mr.. Justice
Connolly, exercising unnecessary violence and
using most offensive language In the transit
from bis Office to the police court, although the
arrested party expressed his willingness to 60
with the officers These facts we gather from
the afildavit Of the complainant subsequently
made before the Justice IN due form OF law,
when he preferred charge of assault and bat
terry against the two policemen. With this an
davit before him, it is difficult 10 conceive how
the Police Justice could refuse to entertain the
charge. II the same accusation had been
made against private citizens, substantiated by
an oath, proper form Of law, Judge Connolly
would have been compelled in obediencc to
the statute which created his Office, and the
oath by which he Is bound, to commit them.
According to the facts elected he acted most
lenienily to the police officers exercising an
amount of clemcncy and consideration which
probably few citizens, not wearing the uni
form of police officers would receive In any
court presided over by Police Justice. But
| itappears from the statement Of Judge Connolly
that his friendly ruling in the case was met In
stubborn spirit The accused parties refused
to give bail, refused to present any explana-
ton or TO appoint counsel to answer the
charge Of assault and battery, pleading that
they were ordered to pursue this course by
their superior officer. In this perplexed con-
dtion Of Affairs Judge Connolly was coerced in
the performance Of his duty to commit them
temporarily to prison, from which be speedily
released them. The Superintendent Of Police,
Mr.. Kennedy, forthwith ordered that the mem
bers OF the force should not take any more
prisoners before Judge Connolly, but should
take them to the police headquarters, Mr..
Kennedy rcserving to himself the right to do
eide upon the tribunal before which they shall
be examined
These are the facts In this curious case Of
conflicting authority as we can gather them
| from the records, and we have no remark to
make upon them further than this, that If we
had any executive authority to control the
government Of this city no such absurd
conflict between the police authorities
and the police judges could possibly
occur, and that this occurrence only
shows the want Of such controlling power.
! II We bad board Of control directing our