Wilmington daily gazette., 1873-08-01
A new court Of JustIee.


4ClouRT. on. r.aARPEAIss=-A pEcIsloN, OF THE
MAYOR SET ASIDE How THE LAW CAN BE
VIOLATED WIN ISlRUNITY, AND oFFENDERs
GET FHEIR lIoNEYl BACEf JUST HEFoRE
ELECTION. ~ ~ H&
Two or three months ago, one Martin Eagan,
who was arrested on charge OF melting par
tics to disorderly conduct, and hned $lO and
costs, petitioned Council to return him the
amount of fine and costs, about S12s claiming
that he had been Illegally arrested. ,Ihis petl-
ton was referred to the Law Committee, who,
at the meeting of Council; last evening, re-
ported faY0rably upon IT,
The circumstances of the case, as stated by
officer Whalen, are as fOllOwsi:--On the night
in question, Eagan and party OF friends two
or three of whom had just arrived from the
old country, were going along Fourth street,
somewhat intoxicated, and making consider
able noise. At the corner OF Poplar street,
officer Whalen informed them that they must
be quiet, or he would have to arrest them!
Eagan then flared up, denying the right Of the
officer to arrest any of the party, ana defylng
him to make the attempt, fhe balance OF the
party seemed to take the words of Eagan, as
nn assurance that they could make as much
noise, as they pleased, and SO continued their
disorderly conduct on their way down Fourth
street. .fse ftt4'
Officer Whalen, accompanied by officer Nc
G0nigal, then attempted to arrest two OF the
party, but, assisted by their friends, they made
McGonigal getting quite severely handled and
beaten with his own club, during the melee.
Finding that it was impossible TO make the
arrest by fol eibe means, the othcers resOrted
to subterfMge. Accordingly, they held on to
two meIR and invited Eagan who had been
standing by ali the time 70 90 along and go
security for thetwO prisoners. Ohcer Whe-
Ian also invited the others OF the party to go
also, so that they could"ali so home together" ="
Ali hands consented to this arrangement, and
on arriving atthe City Hail. the entire party
was put into the cells, and kept there until
morning, when they were tried, fnedand ls'
Officer Whalen also says that he called upon
VIM. Ward, No. 715 Church street, who was
loOker-on, for assistance, but that, Eagan
threatened him, and told him to walk on, which
he did. 10 ,.i1 L.. tiil - li
Eagan, as above stated petitioned Council
to refund his fine setting forth that he was IN :
nocent, that he endeav0red to diSsuade his
companions from making any disturbance and
trouble, and that the arrest was an outrage. -
The petition was referred to the Committee
on Law, who held meeting, at which Eagan
and two witnesses Sappearedand state d their side
of thelQuestiOn. Officer Whalen also appear
ed, but declined to make any statements from
the fact that he had already given in his evil
dence, ander oath, before The Mayor. The
Committee then prepared report, In favor OF
g ranting Eagan's petition.
After the reading of the report, at the meet
ing of Council last evening, Mr Flnegan arose
and opposed it. He said that the case had been
tried before the Mayor, and decided on the
strength of sto0Tn evidence. The Mayors
Court was the proper tribunal for the settle
ment OF the case, and the Council has no right
to refund the fine. 1t Is an unjust interference
with the Mayors duties, and = reflection on
the judgement of that officer 1t Is a bad pre-
cedent, aud there Is no knowing where it may
stop. The whole thing is a political move, to
secure the votes of the parties interested and
their friends.
Mr. Plckels denied any political cOnsidera'
tiOns in the settlement OF the affair, and de-
nounced the charge as an unmitigated insult.
He believed that Eagan has been illegally i'm
prisOned and wrongly dealt with, and that the
least Council could do, would be TO refund him
his money. 49,.
Mr.. Finegan said that Mayor SImms would
not impose an unjust fine, and that he had
more confidence in the Judgement of the May
or, than In the Judgment of the Committee
on Law. He insisted that it was political
move
Mr.. Pickles insisted that the man had been
unjustly dealt with and decoyed to the hall.
Mr.. McIntire. opposed the report, on the
ground that Council has no Jurisdiction in the
matter An appeal from the Mayors decision
must be taken to Court.
Mr.. Lynch thought 1t would be we'll to post
pOne the subject for consideration. 5t-.,
After some further discussion, the report Oi
the committee was adopted
I