The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-28
PRICE TWO CENTS.
CITIZEN SCHAWB'S ARREST.
SUING THE POLICE OFFICERS THAT
TOOK HIM PRISONER.
Can n Bsr he Kept Open between Midnisht
on sunday and I O'Clock on Monday Morn
gt-A Verdict According to the Charge.

ingt-A Verdict According TO the Charge.
Citizen Justus II. Schwab's suit against
two police officers. SerRt Rooney and PATROL
man George Mayforth. was tried yesterday in
the Marine Court.
At fifteen minutes TO on the night OF Sunday.
July 81. or on the morning OF Monday. July ~.
Officer Mayforth arrested Citizen Schwab In the
latter's barroom Mt 80 First street. and took him
TO the police station. whore Scrgt. Rooney Or
dcred him to he locked up. The next morning
he WINS arraigned before Police Justice Bixby
on a charge Of violating the Excise law In hav-
ing his bnrroom open and selling beer on SUM-
day. and was held to bail to await trial. That
was the last he heard OF the charge. He went
to the District Attorneys Office to urge that his
trial be brought on, but was unable to secure
that desired consumntion, He then commenced
civil suit against the officers for damages for
false arrest and Imprisonment
The point he relied, upon was that, at the
house az which he was arrested. between 10 aud
] o'clock on Monday morning. he had a legal
right. under the statutes, and as holder OF a
license from the Excise Board. to keep his bar
room open and sell beer. Both the statute and
ccpi Sunday. and between the hours OF one and
Ave in the morning Of other DAYS Sunday be-
gins legally NJ midnight ON saturday and ex-
plres at u the following night al which hour
| Citizen Schwab claimed the right to open his
bnrroum and TO keep 1t open until one.
In instituting his suit Citizen Schwab rolled.
| however. upon another point also, and that
WAS that he did not. at the time of his arrest
| have his barroon open for the purpose NJ SELL
inR, but only TO admit air to his tenement. I'm the
rear Of the barroom. and as a means Of egress
| TO the street.
\ jury was mpaneed in the case Yesterday
morning. Citizen Schwnb's lawyer challenged
| one oi tho Jurors on account oi suspicious an
! prarlncc of havngan inclination 10 teetotaisic.
/ The lawyer for the defence challenged two
Jurors. Conrad Meyer. grocer. against whom
| there had been II charge of violating the Excise
| law similar to that made against Citizen Schwab.
and ne other ireguenter Of sehwa5's saloon.
| in court the former with mass of tawny Teu-
tonic hair and beard. fearless blue eyes. and
| ness. speaking nt his perfect ease in stentorian
| tones that could be heard in the street.
He testified that on the morning Of July %.
| that Is, at 1915 O'Clock A., NJ. he opened the
door Of his Darroom and admitted four neiIsh-
| bors, with whom he began 10 play chess and
| converse. There was no beer in the keg, and
| mono was sold TO his friends or drank by them.
| There were no glasses ON the table at which
they sat. There were some on other tables. but
| Schmidt Paul Tberhardt William Schwarz and
| Robert Kramer. Eh"rhardt is editor Of the
Ndcirichtel aus DeutSchidiid ,md de, lSchireiz.
Schwar2 keeps tailor's shops the others are
A they sat there at fifteen minutes to one Po.
zee Gr Onirer MSyiortn same IN ana ma ordersd r, RCD
clock. and said, Don't you see what time II Is
| II is not one yet And he added that ha
| claimed the right. under his license. TO keep
open until one. Mayforth. swinging his club
| in u very conspicuous manner. answered:
don't care what time II is III arrest you
| anyhow
Thorewith he took Schwab to the station,
Schwab repeated his remonstrances to Sergeant
| Rooney. but the latter said
| Take him down anyhow"
Mr.. Schwab also testified that the only front
| egress to the street from his dwelling was
| through the barroom.
The four men who were in the barroom with
Schwab ut the time OF the arrest corroborated
| his testimony.
Officer Mayforth denied Citizen schwab's ac.
count SO far as the beer question was concern
ed. He said thar he found Schwab and the
others at the counter. and gnsses OF beer be-
forc them. He. even TASTED the beer in one OF
the glasses. and knows IL was beer. As TO the
plaintiffs assertion that the harroom was open
a. means Of egrcss and TO admit air. that was
| made for the first time on this trial. Ii had NOT
| been made before. either in the barroom. at the
station. or in the police court.
On this point he WAS cOrrObO rated by the Ser
| gcant and Police Justice BiNby.
Tho rrOs--e KAN iIatlon of Schwab brought
| out only eVld"nc" OF police malice against him.
| He had been arrested fourteen times in the last
| few years, but never on a charge that had been
| prosecuted TO trial. Once he was arrested for
| carving red flag.
The lndge--Was there no rioting at the meet
ing N Tompkins squire at which you carried
| that flag
Schwab-No. sir. except by the police.
| Justice Shea said that the statute must be
| reasonably construed. and must be taken tc
! include the hour between II and on SUNDAY
night as part and continuation OF sunday.
He therefore charged the Jury that Citizen
Schwab had no right To keep his saloon open a
| that time for selling beer. But II they con.
| Guided TINT II was Kept open necessarily 10 ad,
NIT air to ms dwelling and eRress from il. anc
that no Deer was sold, they might return yer.
dict for damages in Mr.. Schwah's favor.
, The Jury accordingly returned verdict fol
| the defendant