The New York herald., 1869-04-18

s.onraa. that tho vi,est wretch on earth had his
legal rights, and he demanded tne ~ ~ s tha at,davt
were T insn cent under the statute made ana pro
vded in the case; that he demanded cavn a W ne o
cdcay This was allowed amid a genera hsn sn'fH tss
which rested upon the prisoners s ia.oc, c.IaS 'N
first OF their number Jonn raiUn nn the stand. and
swore after much discussion anu lhtca' of the
counsel for the defence, to the saihe ada, en-
,' that M " was l to The best Of be II his cross.
examination, 1t was admitte1 that the accused was
arrested in the day tiT.e, Walking along Broome
citizen asked thai he might be taken into Gus,
tody. but t1at they acted solely upon tne a,9
;Sae orders ,or q Cagtain Mills to "take sso Shown a
that the witness knew nothing regarding where ne
slept and ate nor whether he ever worked tnese t.s
admissions, drawn from the witness, were bitter
pills for he and his brother officers to swallow put
they iet more Ill at ease when, upon suggestlon VI
his counsel Fallon drew from his pocket the amount
his head, and exultingy cried, isn't that visible
means Of supportT' They felt still more dis. lis.
deposit book that the accused had in the Union
| Dime Savings Bank the amount OF 500 10 ms
in the room at this apparent squelching Of n the
charge OF vagrancy would have developed lnto gen.
ea s nan h not order oeeh When Judge
stuart asked for the accused's dismissal on M tne
ground that the evidence was insufficient TO CONVEX
| under the statute" For the moment TINS s Was ae,
nled and the trial OF the second on the list, william
| Butler, was proceeded with.
AS the prisoner took his seat near his c0unsel MS
mother approached and sat beside him. This move-
ment together with her apparent great interest or
| tectve Giynn was the witness against him. He
could only swear that his 'moral character was PAD
among the police the peculiar status OF which; I
by the by, Judge Stuart desired to know. He could
| not swear that he had no employment nor that ne
ibid not own house and lot nor that he ne, was not
tion was bad, and that he had acted In his
arrest which took place, as the nrst prisoners men
by the same ID direction Bnter r. also showed to the
Court twenty dollars IN lawful currency, which
shrewd dodge rather staggered his accuser and
| ''visible means OF support"
From this the counsel for the defence proceeded to
Williams. The little evidence the officers desired to
submit at the commencement OF the EXAMINE, q
Ss Sn sps nS% s nave e1
moral character" which was harped upon to
the extent.yet had nothing whatever to 40 with the
came sickening In the latter afidavtts. both made
by Casey, there the lack Of anything that justi
matter upon the shoulders OF Captain Minis, by
whose dicta they had been arrested and incarcer-
At this juncture Justice Dodge with the intention
the the testimony Il the cases q the aDcve-Falon.
band of detectives tn11 and patrolmen present.
evenqe s IN %as Sss
was nothing in the testimony to support the charge
of vagrancy He then was upon the point OF re-
Stuart spoke forcibly in objection to such pro-
ceeding, claiming the right that they should be
heard and that the restraint OF their liberty was e
gal and outrageous. Finally the four were Jumped
into one complaint. and after the same farcica
happy fate as their fellow prisoners Before this de-
cision was rendered the Court expressed Its great
surprise at the action Of Captain Mills inasmuch as
ne had not advanced In the matter Of evidence to
sustain the charges against the prisoners a single
legal fact and more his absence from the court In
view OF the important move he had taken was, to
say the least lrrecOncilable.