The New York herald., 1867-02-09
THE EXCISE LAW.

The Test Case Before Justice Cenuovly-He
Commits tho Omcers I'm Default Of Bail
Their Release by Order Of District Attorsey
Hail. Ordcr from Superintendent Ken
nody, &c.
In the OF the People the complaint Of Thomas
Gregan against Thomas Levns and Richard Van Gissen,
before Justice Connolly particulars Of which appeared
in yesterdays HERALD the defendants appeared the
Fourth District Police Court yesterday morning ten
o'clock agreeably TO the terms Of tho parole granted
them by the indulgence of the court the day previous
Being without bail the court previous to making full
commitment Of the accused ordered an examination de
novo in order that tho defendants might be fully
instructed as 70 their rights and have every op.
porunity given them 70 avail themselves
Of the statutory provisions for the protection persons
charged with criminal offences Being informed by the
court that they arragned the oaths Of Thomas
Gregan and Allen wolford upon charge Of assault and
battery they further informed that they
titled to hearing the benefit Of counsel and that
reasonable time would be given thcm II they SO de-
sired to obtain this professional assistance which
they severally replied ~ have nothing to say.' The
court inquired II they desired the affdavits OF com.
plant read to them, but they answered that having
heard them read once they did not The complainant
Gregan and Allen Wolford then placed on the
and examined in the OF the defendants
whom they identified, when the prosecution rested.
Informed Of their right to examine complainant
formula that they bad nothing to say. say' They '
likewise declined the privilege of examination ten-
dered 10 them which they could produce witnesses on
their BEHALF and elected TO be tried the Of Gem
eral Sessions, each signing paper setting forth such
election The Court then informed the prisoners that
they would have to give bail In the sum OF $500 each
70 answer the charge preferred against them or be
mted In default thereof and they still declining to give
ball. committed Civil proceedings for damages
have likewise been instituted in this in the Court OF
Common Pleas and order Of arrest issued by Judge
Brady, upon which the officers were arrested by the
Sheriff ana obliged to give bonds In ~, 600 each.
ORDER sUPkRINTENpExr KENNEDY on THE sURJEcr.
The following order Issued last evening by Super
niendent Kennedy, which II will be has exclusive
reference 70 Judge Connolys action, ~ noted above:
ornor OF Nov 2, yen. ys
when becomes unsafe for a member OF the police force
hs or
himself 70 insult degradation also becomes the duty
authority protection OF the men under hs com
P1isSn on n~ rcIoas charge s:.ss battery
made BY nqnor dealer whom they had arrested arrested
prGDsd ssd ;sn;sss ssis Sssss
or TSaor q soc
similar course Intended TO BE- pursued toward all Other %
taking Or sending perscns under
ors Police Jus!cs Connolly q S..y 70 any s0Irt
Peace. 70 for ss e1ssmnsion Or eomni.nsn!;
ss rhrs and , pre
WIN send s Pa5 ss g
connoy Is presiding ne FOURTH p.sgiss Court 70; ,ps
oSsr Ju.es ss Il 's . Sons
you win take isfSs
rnK PRISONERS RELKAsKD.
About half-past O'Clock last evening Superin-
,rdsr o. pssrc Attorney Hail. the two officers had been
released from custody their own recoenzance 70
pear and answsr any charge S .nas might % preferred
~ amir h:s occssoncd no small amount Of excite.
mont among the police and y seems 70 be the general
action IN the matter that the question may
,s fairly sst st rest one way or the other.