The New York herald., 1876-03-07
A CITY MARSHAL ARRAIGNED.

WHAT THE DEFENDANT IN A CIVIL SUIT SAYS
ABOUT MARSHAL LEUDUscHER. IArTER's
DEFKNCE.
Serious charges have been preferred at the Mayors
palce by defendant in civil suit in the Second
District Court named Thomas Riley, the proprietor Of
n barroom, at No. 643 Broadway, against oftho
City Marshas named Louis Leubuscher In a
anidavit made by Riley he that two men,
representing themselves depulized by Marshal
Leubuscher, entered his premises at seven O'Clock
February 20 keepers under pending execution;
that after their upon the premises he
upon them stay OF proceedings that they refused TO
vacae the PREMISES that they remained in the house
until twelve O'Clock, one OF them in the meantime
going inside the bar and forcibly taking the money
from the drawer, without counting Then, the afli-
davit says, they assaulted Riley one holding him by
Ihe collar aud inserting his hands In his (Rilcys)
pockets, while the other by with drawn pistol
The afhdavt further alleges that on the previous
evening Lcubuscher called upon dcponent IN com
Dany with man named Welsh and demanded that
Welsh be gwen $40 Tor vacating the premises, snd
that whom the money paid both departed Accom-.
IanyIng Rllcys affidavit are the corroborang alhda-
Wits OF BENJAMIN p. Demorcst Henry Thomas, Edward
T. Macdonald, George W. Dunn. Alfred Winder Hiram
Pierce and James Canary. some OF whom, IN addition
aege that when the papers were served upon the
deputies them said, ''What the H. DO we care
for Judge Clancy any other -; We have orders
aud We are gong obey them. Judge Clancy Il may
be well say prcsdes al the Second District Court
When these papers were presented the Marshal was
yvcn until to-day file andavits IN answer 10 the
Charges tho intention being 10 pass upon the case thus
presented and deal with the matter as ~ deserves
Yesterday the writer called upon the Marshals AT.
torpcy ascertain what the answer would be TO the
charges preferred. The Marshal had submitted his
statement, which is substantially as foUows-He al
legcs hts AFFIDAVIT that lac had execution against
Riley Tor SlS9 and that he called with Welsh on Feb
ruary 2s Riley states but did not demand Tor Welsh.
aid Welsh receive $40 to yacatc the premises by
Riley request he permitted The business To proceed
without interruption Rey's promising to settle At
two oclOck the next day, aud Riley he says, agreed
20 apply the proceeds OF his sales towards satisfying
the execution M case he co1id not pay OF the entire
amount at the time promised The following day
however, instead OF settling the Riley obtained
stay Of proceedings from Judge Clancy
The legal effect OF this stay. the Marshas attorney
says, merely the prevention Of the sale OF the
goods seized. but not discharge OF the keepers On
the LIST OF March copy OF the order staying the pro-
ceed ings served the Marshal What his men may
have done the preceding evening he course caunot
swear TO The attorney that Welsh has given him
the following version OF his conduct which he will
swear when drawn up in form Of an affidavit Welsh
waped the money received the bar. and asked
the barkceper TO hand u over TO him. while the bar
keeper doing requested Riley tried 10 snatch
thc money Then, Welsh gays, he sent Tor an officer