The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-16
rusl0us Eyciss law CONTROVERSY.

Application for the Arrest of nm Officer
Charged With Attempted ForcibIe Entrance
Of House by the Rear Window-Is n
"Mnn's House His Castle e''
singular and novel piece Of litigation Is likely to
arise out of application made yesterday before JUS
tice Hogan for tho Of pol.co officer who In his
jealous endeavors to the enforcement OF the Ex
else law charged with forcb,y attempting to enter
the house ola liquor dealer by breaking through the
window thereof and also with assault and battery
In using his club the proprietor who tried to prevent
his entrance
It appears that joseph Matthias who Is ofhcer in
the Fourth ward sought 10 the method OF keeping
or evading the Excise law, pracsed by John Organ,
licensed liquor dealer, at AIS Poarl street, and he en-
deavored, as alleged to force his way into the pre-
mises Sunday last, the llth instant Application
made yesterday TO the magistrate for warrant ordering
arrest Of officer Matthias when tho following am.
dsvits were made in support OF such application:
John Organ, being sworn, testified that he resides at
No. 32S Pearl street. and is licensed dealer wnos,
liquors. sc, Al said place. that Sunday, the 18th OF
August while standing the hall door his sdcnce,
nen has since learned 10 DO Matthias, passed into de-
poncnts hall and went 10 the OF the house; that
while deponent was so standing man named Gleason,
who resides In tho house. called 10 deponent and said -
"Nr. Organ, the officer trying 10 force bis way in
through the back window deponent went back aud
found that the officer had climbed the railing or the
rear stoop and across the gutter 10 the far window OF
the sitting half Of the shutter 20 which partly
Open and was enioavoring TO get through the window
deponent took from his pocket the Key 70 tho Sit
ting room, opened the door and attempted TO close
tho window telling the officer at the time that there was
person inside aud that the bar closed and locked
up The officer then insisted coming in through the
window when deponent him 70 understand that he
could not DO 30. The officer thea drew hts club aud
struck at deponent several times at the same time
clingng 10 the sill Of the window 10 keep from falling
down into the yard distance OF twelve or fourteen
feet Dcponent further that the ocer enraged az
not being able 10 get through, struck the sash and
smashed u, demolishirg the entire window. He also
deposcd that tire officer struck him several times the
head and with his club and that the Officer dubbed
him In the face cutting him in three several places and
giving deponeut black eye, also bruisng his
arms and hands very much. Deponent further says
leading 20 IT, and that there person In said bar
ROOM He further charges that this injury 10 his pro-
perry and the brutal assault and battery in his own
house entirely unprovokcd and was wiful and ms
cious the part OF said ocer Who he prsys may be
arrested and dealt with according 10 law
Patrick Hrnter testified that he ~ q barkecper for
John Organ that the folding doors between bar and
rear sitting locked that day and that de-
ponent had the key In bis pocket when the officer
camc there.
Patrick Gleesop of No Gas Pearl street. testified that
be at homo on Sunday the l1th inst, and be fuly
oorroborated the statement made by the compianenI
Organ and he further testified that he knew as nc.
that person the barroom the time the omcsr
made his visit.
Frederick Morvan Of 3,6 Pearl street, corroborafea
the statement made by previous Witnesses
The magistrate took the shdavits for TURNER oons"
alton, and will make full investigation into tne mss
Exactly how the case viii end II 10 efcouns' '"p''S
70 say.