The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-08-12
The Sunday Night Police Raid on
Gilmore's Garden.
Is Every Policeman a Legalized
Deadhead?
OVERHAULING THE FIRST BROADWAY WIDENING.
Suit Against Sheriff Conner and
His SuretieS.

The motion for an injunction to restrain the Police
Commissioners and Superintendent from directing the
policemen to enter and enjoining the policemen from
entering Gilmores Garden without the payment OF the
admission fec up Tor argument yesterday before
Judge Donohue, in Supreme Court, Chambers After
me reading Of the complaint and papers on the part OF
The paintin by Robert H. Strahan, setting forth the
circumstances of The police raid las, Sunday night and
The threat thar would be renewed next Sunday, and
the part of tho defendants aiidavits from In-
spcctor McDermott aud Sergeant Kass setting forth
that on entering the garden Sunday evening last
they found lager beer being sold, tho argument was
opened.
EX-Judee Dittcnhocer, who appeared on behalf Of
Sheridan Shook proprietor the garden made cns
and forcblo argument TOR the plaintiff He began by
Insisting that the real question involved in this
whether policeman, in addition to his salary
privileged dcadhead in every place of amusement
In the city, For. If he had right
the garden for an imaginary violation of law he
could at all times, the same pretcNt, 20 into
place of amusement Tho Judge further commended
that under the constitution and the laws mans house
was his castle. and that place OF amusement was as
much The properly OF It's owner as his dwelling house
was; that no policeman had ri.h without "A warrant,
made on sworn complaint, to enter violently any
house or place OF amusement against the consent
OF the owner; that If the Police Commissioners
had the right to send in the men without the payment
ofthe admission fee they could order in the whole
police force of tho city and that il they could do 1t
once they could do II every night, and in this way
could destroy the value of tho garden II of
amusement to the citizens and source Of proht IN tho
owners; that there were plenty OF saloons rcs,au
rants and drinking shops open all the city aud
within stones throw OF the garden into which
Sergeant kass could have entered that SUNDAY night
without beng required TO pay admission lee, and
into which he could have entered II he simply desired
10 execute what he believed to DO tho law and not to
CRATE sensation, and that the proprietor simply
desired impartial execution OF the law against every
aud not that his popular place OF resort be made
the exceptional scene for these raids.
Mr.. G. f. MacI.ear. on behalf OF the Police Commits
sones, coLtcndcd that, admitting the facts this
not proper case Tor injunction; that court OF equity
now Will grant the writ tor the purpose OF restraining
the comm sson OF trcspass, and that under The
police laws The defendants had the power supervise
places OF amusement.
In reply 20 this II stated that, while IL
npcncra rule that court Of equity will not interfere to
Restrain trespass, yet, where the plaintiff had no
other adequate remedy or wherc multiplicity OF nc
lions would necessarily arise as in this action
Tor damages against each policeman trcspassng-a
court OF equity would grant an injunction TO prevent
such multiplicity OF actions
Al the close OF the argument Judge Donohue took
the papers, rescrving his decision