, 1873-01-23
Police Rights and Moneyed
Migrants.
A Patro'man Fined 500 by
Judge Rogers.
General Notes from all tho
Courts.

tho facts havo not boon given, moro montion OF
tho cause Of action having beon hurrioaly stated
In fow lines by tho papers Of tho city, we pro-
| aont n notice Of tho proceedings from tho first.
This Is M action Of troBraHH brought by plain
tiff against defendant to recover $1,000, for an
arrest Of plaintiff, mado by defendant, az a va
| grant on tho night Of juno II, 1879. Defendant
was found guilty boforo the Polioo Court on tho
next day, mud fnod S25. Ho appealed to tho
Criminal Court, mud shortly nfsor commenced
suit against defendant for tho arrost, and, whilo
this suit was pending, A1r. Wclls tho attorney Of
tho plaintiff Wolls, iB stated to hayo procured
from Gonernl Stiles, tho City Attorney, tho dis
misnal Of tho nult against Wells for vaGrancy,
without mentioning anything about tho fact
that amid Wells had suod tho policeman,
end, aa is c1aimea by tho officer, con-
coaling tito Same from tho City Attorney.
On the trial Of tho cat,se, thoplaintY sworo that
ho carno to this city AEny 10, 1879, mud went to
tho Southern Hotel, whore lle registered hia
namo, took O. room, md occupied It for nearly
two weeks; tint ho was struck by defendant,
who toro his clotl,os; that lo wns employed ut
tho business OF fixing fonts, and Ind hia buoi-
noss room, wllere he was employed, In tho roar
OF q Baloon kopt by one Gavin I; thai ho did not
and Ind not frequontod my ho1so Of il1-famo,
md was man Of meHnH. A large number Of
witnesses Of defendant Bwore TINT plaintiff wna
almost constantly in Gavin'a saloon; was thoro
with bad characters was on tho street with u
notorious .wonlon, and was also occupying q
o aa T a 11 aa 81 fG bg oa a Ha @
nislcd him money. It was also testified that
dnyin's saloon wag the resort Of black and whtto
womon of bud character, Of thieyes and
.",pimps", and TINT plaintiff consortod with
also showed, BY tho proprietor Of the Southern
Hotel, and the booka Of the hotol, TINT the
plaintiff did not register his name there, aud
dia ns,,nt't. not stop there, ss ho had sworn;
been ordered BY tho Sergeant to ar-
rost plaintiff II he found him loafng
round davn's also that ho did not strike plain
tiff; did not search him aud did not tear his
Dofondaut also claimed TINT plaintiffs habits
and associates were such that ho had good ron.
Hon to be1ioYo. and did beliove plaintiH to bo
vagrant, and arrestodhim at night, while coming
out Of sald saloon, as q ya8rant; that the Police
Court, which had tried tho cauae on it's merits,
had decided plnintiR to DO ayagrant; that de-
ciBion lad boon done nway with by sharp prac-
tice on tho part Of tho plaintiff; and that tho
said arrest not only was 1usti1ablo, but COM
mondable.
Tho Interested will find In tho following Sum-
married. instructions to tho jury the nature Of
the powers OF the police horeiu:
That tho jury tho judges Of tho creib'sty Of tho
On Tho stsni il Estimating ho value Of hs teatimony
aso %hener Ms testimony Is corroboraed or contra
oo S III a ' sg aa' law wd aa
statutory power Of ConAtnbes, far the nrrost Of
pcraona eaiy Of violation e The State laws or city
without warrant, any person Within the city whom
they SEQ violating any. criminal law Of tito, 81.
a hc i pan Wss in et under tho sato
laws or city efi.2ss. when arse,ted BY tho defend
Shst ssisse Sd!as defend
lug saloons, houscs Of illfamo Of bad reputo, or
lay i93!esing or ratmnng r. about without employment
That caao of conflict Of testimony, the degrce 0,
bo the Jury.
But tho most interesting part Of tho instruc-
tions arc those which tho Court refusos, for
they show at once tho Woaknoas Of the dofence
and tho limit beyond which tho law does not 70.
They nre aa follows:
In order that the plaintiff may recover in this cauc,
defendant made tho arrest without any reasonaho
cause, or that, having such reasonable cauac, be
s 'Fss R oe%ang seSa or susn sses
the Jury will consider The evidence
rsspeetang Tie conduct habits and associations Of e
plaintiff prior to the HrreHt, well tho fnct thut
tho Police Magistrate found him guilty Of beings va
should the jury belieyo that tho defendant was mcn-
bes Of he police force Of tho city at the time Of tho
ocked I'D On such chargo and nea tse fa1d ana n
morning on such charge.
Thst yssds. bo found for the defendant Il the Jury
believed tho plaintiff to DO vsgrant.
The noxt instruction ia similnr to tho laat,
With the addition that tho jury should find for
the defendant il the defondant used no un-
necessary violence. i
Next, that tho police havo power to arrest
without warrant all personB found violating tho
State low or city ordinance; and II the Jury be-
lieve tho plaintiff was q vagsant, or WAS so bo-
fE11 1h$n
defendant.
Tho othcr refused instructions for tho de-
fendane were to tho effect that the finding |
would be for tho defendant should tho Jury
qaenter Of Of honses @ '' Of ill.reputo' run ind Ind
ind no apparent enployment; tint
tho sergeant had ordered the arrest, II ho found
plaintiff lettering around Gavins' anoon that
vi. that tho dofendnnt, from Information and
hollef, had good reason to believe that tho pion-
tla was yagrant; aud if tho ayreat and deten- |
tion undor such belief constitute tho plaintiffs |
only cause OF action. !
Tho jury returned verdict for tic plaintlr
9lo0, mud motion for now trinl YVES immcli- |
ntoly cntorod. Thia case caused moro exoto~ |
mont than any case thai has beon heard in those
Courts for q long time paat, except the Tucker |
suit.
4 SUIT BETWEEN PARTNERS.
In tho Superior Court, yesterday, proceedings
wero instituted in tho case Of Webster v. WalBh.
justaent Of tificultios between them ia sought sou tit
ln tl!a Court. According to the bill, in tho fal
Of 1867, the plaintiR ntlirms, tho parties agreed
TINT plaintiff should purchase Of z. .. Ward
equity now called South Park, ip the ~ Township hip
of Hyde Park, for s1o, Goo also Of B. T. Poaso
2 barn and tho uno1plrol torn Of |
tls, The ground lsaae of certain prem
VII Vie sxtssn nolses sn aay SFsS .rnssg egaes
trucks and wagons, valued ut 90 0f)O n1ho khn