The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-26

beer and when said kept no beer but kept wine
asked me for whom would 90 as President; am
sure you are the man who asked this question.
=. Did strike you In your place As.You were
drunk.
q. How do you know ! was drunkS A. could
see ii.
Q. What then took placer A. l said that 7 was
going 10 vote for SEYMOUR OF the officers then
said, ''YOu are my prisoner" IL officer Sheehan
vino said this; you then asked me, "DO you know
who amY' and announced yourself as Sergeant
McCready OF The Seventeenth precinct; you told me
must go along with you, ior | was your prisoner.
q. What did arrest you for? A. don't know.
q. or course / arrested you for nothing. What
did do with you after arrcsting your A. put on
my coat and left with YOU
q. Where were you struck first2 A. In the basement
way, between the house and the sidewalk: we were
gong up the steps at the time; you struck me
was going up the steps with your fist; there was no
disturbance on the street and nothing happened on
the way TO the station house; mt the station house
asked you why you had brought me there. and you
took me and slapped me against the railing; | was
not struck inside the station house.
Direct examination resumed-The assault on me
occurred on Wednesday night between zen and
eleven O'Clock; recognize Sergeant Mc(,ready aud
oiicer Sheellan, now present. as the men who came
into my place and assaulted me: McCready paid for
the drinks they had; Sheehan asked, ''Who is TO be
next Presldentfn ] said, my man Is SEYMOUR
Sc geanr McCready tod me | was his prisoner; all
three OF the men hit and kicked me; the three men
Knocked me down and together kicked me between
forty and fifty times; McCready himself kicked me
several times; he kicked me Oh the steps of my house
Michael Gabor was next called and swOrn-I am
Darkeeper for AIR. Baust was present on Wednesday
night; Identify sergeant McCready and officer Shee
han as two OF the who were in the saloon at
that time; there another that 1 do not now
see; was behind the bar when the three men came
Ia and called for lager: Mr. Bausf answered ave
havnt any lager:" the three then drank wine; they
took two rounds OF drinks; heard the conversation
between Mr. Bast and The Sergeant in regard 10 The
Presidency understand a little English.
q. What does Seymour means A. It means the
democratic candidate for President; heard the
words President and seymour: Mr.. Baust said, "My
man rs SEYMOUR the sergeant said, ''My man is
Grant," Sheehan then went TO take hold of MIR.
Baust behind the bar, and sergeant McCready said
'Mr. Batlsl, you have got TO go along to the station
house;n Mr.. Baust then asked me TO give him his
hat and coat which did; when the officers got on
the step they pulled him, and a minute afterwards
] saw Mr.. Baust lying on the ground.
z. Did you do anythingY A. haOed watch
and some OF the neighbors came: the men were on
top of Mr. Baust on the steps, they struck and kicked
him and also kicked me; the men kicked him all at
once; don't know which Of the three struck him
Sergeant took hold of me and another officer came
and took me to the station house.
q. Was you locked up? A. Yes.
q. How was you treated at the station house? A.
The sergeant kicked me after got inside.
.; Where DID he nick your A. mean to say he
when was walking toward the cell in which was
locked up; was taken before Judge Mansfield and
discharged; there was no complaint against me and
the Judge told me to go home.
Peter Schiltknecht, being duly sworn deposed as
f0llows:--I keep saloon at No so First avenue;
identify Sergeant McCready and Sheehan as two of
the parties who were present when went 10 the as
sstance OF Mr.. Baust; ! heard cry of murder and
ing Mr.. Baust as lie was lying the steps; asked
the men who they were; Sergeant McCready after
they got back into the saloon, said, lyon Dutch
- y =, l am sergeant Of the seventeenth pre-
cinct;" Mrs. Baust came TO the doorway
to protect her husband; saw McCready
and Sneehan strike her on the breast;
Mr. Baust then sat the table; how he got into the
house don't know; Sergeant McCready then said I
was his prisoner; the Sergeant then thnmped his fist
every Dutch hole In First avenue between seventh
street and Houston street in three days;n he then be-
that he was going to shut It up; Mr. Baust then got
up from the table and said, "You have no right to
cSss my place for pay thew ses tdo FOR
MIR. Baust to the station house; l followed and
on the way asked for Sergeant McCready, when
go =, / want you;' Sheehan then seized hold Of
me by the back Of the neck and kicked and pushed
me about very roughly, and used very abusive cpl
thets; upon arriving ut the station house Sergeant
Delemater, who was in command asked me my name,
which | gave him; as turned my head Sergeant
McCready struck me two blows In the lace With his
fist; was then standing In front of the station
house door, answering the questions OF Sergeant
Delemater; after being struck ] asked what had
been arrested for and told Dy Sergeant Deematcr
that was arrested for disorderly conduct.
q. What was done with thenP A. was taken
into cell and locked up all night: in the morning
was taken before Judge Mansfield when, there
no complaint against me- was discharged; while
IN the station house | saw McCready handle Mr..
Baust very roughly, showing him with all his force
against the railing OF the desk
@ Were Sergeant McCready and sheehan under
tile tuUuenCe Ol nVuOrl n. butU were very mttCu
under the influence of liquor, swearing aud excited
as also was the man who was with them.
q. Who was this third manf A. I am informed
that II was Patrick McCurly.
Crossexamned-I saw McCready on Baust's steps
while he was beating him; McCreadv and the other
man were beating HIM with their lists and kicking
hm n was some minutes after before Baust was ar
rested; McCready struck me twice In the face while
| in the station house.
AT half-past twelve O'Clock the examination was
| adjourned till two =. NJ
AT two O'Clock the examination was called on, and
was found that all the parties were present except
| Sergeant McCrealy, who was hunting mp counsel TO
defend him. Mrs. Baust, the wife OF the complain
| ant was present, and sat during the proceedings
with her face yelled. The court room again
crowded by spectators who seemed to take great in
terest In the solution OF the metropolitan problem,
Are the police the protectors OF the people or Ia u
| their especial prerogative to abuse citizens and
| escape punishmcntW
sergeant McCreadv, after being called for several
| times. made his appearance in company with Mr..
QuacSenbush whom he has retained for hs defence.
| After looking NJ the complaint and papers In the
| case Mr.. Quackenbush moved for an adjournment Of
| one week TO enable him to prepare u defence.
Justice Mansfield denied the motion, aud said That
ne asked the defendants in the morning II they were
| ready TO proceed tie was going TO see now whether
policemen had the right to enter citizens houses and
abuse them. The case must go On.
Mr.. QuacSenbush insisted on his right az counsel.
thine for preparation; II was not granted he could
not proceed.
Justice Mansfield n,imated that " counsel did not
| choose 10 proceed he need not do The Court
would go on with the examination and take the re-
naming dispositions That would not interfere with
| counsel's "fightsr
William Denim, butcher by occupation aud re-
siding AZ No. 40 First avenue deposed--I know the
place kept by Mr. Baust was In the street before
| my house between ten aud eleven O'Clock on the
4 night OF the sd Instant heard loud noise and
crossed over 10 Bausts saloon: saw some men
pulling somebody out OF the saloon there three
| men; saw them throw the man down upon the
steps and there beat and Kick him; then went into
the saloon and saw that 1t was Mr. Baust that the
| men had been beating; when went into the saloon
| Mr. Baust came in and sat down on the table; then
one Of the three men Sergeant McCready) came intt
clear out Of this placer Mr.. Baust said to him, Yot
nave no right 70 clear anybody out OF here
| pay nv license" the Sergeant then seized hold o
baust BY the neck and said, you are my prisoner,
and pushed him out OF the door saying, at the san