The New York herald., 1869-06-16
he arcumstanees nhout warrant. MOtlon de.

he circumstances lthout warrant. Motion de-
med
Captain Mills was called to the stand, and testL
fed tna ne had given an order to Casey TO arrest an
parties against whom he could establish cnar9e
OF yagrancy; had given such an order half a dozen
yimes did not mention or connect FaiiOn's name
On cross-examinatlOn witness sSd he gave no
orders or directions with regard to falon when ne
was brought TO the station house; believed tnaL lne
charge was made TO Sergeant Scholed.
This closed the testimony on either side, ana after
summing up by counsel Judge Curtis proceeded 10
charge the Jury as iOows:-
GENTLEMEN OF THE JURy-This action is brought
TO recover $500 damages against the defendants Ior
an alleged false imprisonment The facts, as they
have been narrated before you, are substantially
these:-The plaintlf was arrested In midday, with
out complaint being preferred by tnlrd party.
without any warrant or process OF law, without
being detected in the commission OF any Ofence or
the violation OF any law; taken TO station house. CON
fined there for period OF time, taken thence Deore
police magistrate, before whom ne mad an examlna-
tiOn, and by that police magistrate discharged Now,
this Is case which involves principle thaC is as
and dear you and to all OF US as to the plain.
tiif in this action. In every act that Ii legal ana
city should be supported, not only by the voice OF
the community, but by the verdict OF any jury pc
fore whom their conduct Is placed Tor lustihcaton.
But IL IS the duty OF jury, where policeman steps
outside OF his authority to rebuke MS usurpalon OF
power and to say to the police authorities that they
must keep within the law. 1t Is matter OF con-
graduation with regard to the Police Board Of the
Metropolitan district that 1t Is composed ol men Oi
integrity OF sagacity, OF reputation. But you, gen,
iiemen TO distinctly understand in the first place
that regulation Of the police not sanctioned by an
express legislative provision OF the Commonwealth
Is not binding and operative as law. something has
been sa.u with regard to the antecelents OF THIS
palntin. Now am oound 10 say TO you that what
ever may be the antecedents OF man, cOncedlng
them TO be bad If You please he is entitled, when he
comes into court of justice, TO justice and ven
ture to express the hope that the day VIII be lar dis
tant when any shall be deprived OF his rights In
court OF justice by excitement, by preludlce or Dy
passion You are to Try this. case entirely upon the
proof, and it, as intimated by the counsel for
the plaintiff, IN the different rulings OF the Court
upon questions OF testimony the Court was IN error
relief II TO be had at Tie appellate tribunal Now the
Ostensibe cause OF the arrest OF this was that
he was vagrant. IL was upon that charge ne was
arrested; upon that charge he was detained; upon
that charge he was examined, and 1t was upon tnat
charge he was acquitted 1t was nowhere con-
tended, far as have been able 10
That he was charged with being thief or u roDber
The simple charge was that he was Vagrant, and
that Is, III the language OF the common law and un
der the statute, lone having no visible means OF
support" Mr.. Justice Dodge passed upon that
question, and he said with regard to tnat
cnarge that 1t was not proven, and the complaint
was dismissed. Now, ! charge you as matter OF
law with regard to the charge OF vagrancy that Its
able cause Is concerned that Is pleaded in the de-
fence IN this case dsposes OF IL altogether II is
what the law terms res dd0udcaia. Mr. Justice
Dodge, a magistrate having competent jurisdiction
the subject matter and over the parties TO 1t,
having passed upon that question has taken It out
OF power of the defence IN this case to set 1t up
Therefore, charge you that as matter Of law there
is defence whatever to TINS acton that as matter
without color OF law, and that this plain
TN must recover some damages at your hands.
that but one at least IS able contended that as
lar as Captain Mills Is concerned this proceed
ing mustlermnate in his favor. IL appears from the
evidence that officer Casey, VINO Is subordinate OF
Captain Mills took the plaintiff into the station
house where Captain Mills had control and authori
", and that by direction OF Captain Mills this plain
tiff was consigned to the cells in the station house.
IL that be true then Captain Mills was party to
this outrage and is responsible also. But with re-
orl tn rendered
these defendants you have wide discretion. You
have the right to give averdict in any sum within the
jurisdiction Of this court With regard TO the
amount OF the verdict that Is question for you TO
pass upon One thing is sure, that there is nothing
nearer and dearer to man than his personal liberty.
one thing is sure, that there Is nothing tnat calls
more Tor the rebuke of jury and the courts than
wanton deprivation OF that liberty. SO far as Mr..
Casey was concerned, 1t seems he first
was acting under a general authority and order
of Captain Mills, and tnat when he brought the
man TO the station house the man came under the
control and authority OF Captain NILS. Casey so
far as the proof is concerned, shows good char
acter. 1t las not been assaileG. You must not al
low yourselves to be preudiced by statement OF
the counsel for the plaintiff with regard TO Captain
Mills. Whatever his reputation in the community
may be- that is not matter Tor you to pass upon.
lie is to stand here, ike the plaintiff, upon the evi
dence You, as twelve sworn men, are TO try the
power. however II you so desire, to separate the
damages. II you beieve that Casey is less to blame
than Mills you have the right to say 80 by your ver-
dict. II you believe Mills TO be more to blame than
Casey you have the right to say so by your verdict.
dict against Casey for cents ana against M;lis
for $500. Now, as 1 stated before, there is pr1n-
clpe involved IN this case. IL is principle that You
are to pass upon. IL has been no un-
common thing in our streets that citizens OF
the highest respectablity, Of eminence even, have
been stricken down under the stroke OF the club.
! remember within my own knowledge that one OF
first citizens, now Senator In the state Legis
lature, was arrested In front OF his own house OF
summers evening, was placed IN the cell in station
house. detained night and set at liberty the next
morning. 1t is the usurpatiOns OF power that yon
are to punish Whenever the police discharge their
duty within the scope OF their authority and within
the pale OF the law they should be supported, but
when they step outside Of the pale OF their authority
and put their hands, without warrant OF law, with
out process of law, upon the shoulder OF the citizen
then they should he rebuked by jury OF their cOun
trymen. Gentlemen II is such acts OF tyranny as
these that have caused many to believe tnat we are
slowly yet surely the wave OF the civil war float
ing ont to the unknown and unbOunded sea OF inn
perialism. The safety OF the people must be with
themselves The jury box OF the land must be the SEN
try box OF the general liberty desire that you Will
give this careful scrutiny. l first charge
yOu as stated before, that so tar from any excuse
existing here there is none. You must ilnd verdict
against the defendants. With regard to the amount,
that is to be determined by yourselves, but trust II
will DO in such an amount as Will vndcate the gene
raj right of the citizen to hls liberty, and Will in
struct those who desire TO Opprcss the citizen that
they cannot do II with impunty.
the jury then retired, and after very brief alb
sence came into court, rendering verdict of SIX
cents damages against Captain Mills and SIX cents
damages against officer Casey.