The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-22

JUDGE oTTERBoUIG DECIDES AGAINST HIM
HE Is HELD IN THREE HUNDRED DOLLARS

JUDGE OTTERBoUEG DECIDES AGAINST HIM
HE Is HELD IN THREE HUNDRED DOLLARS
BAIL.
The decision In the of City Marshal Lawrence
+. Curry against Captain Alexander s. Williams and
Onicer Philip Mohr, Of the Twenty-ninth precinct ac
cused Of assault and battery the complainant the
night OF January in Gimore's Garden, was given by
Judge Oterbourg, in the FftysevenIh Street Police
Court yesterday. He held the Captain In $500 bail TO
answer, and dismissed the case against Ofcer Mohr
the magistrate decided that he was only acting
under the orders of his superior Eleven O'Clock was
time the final disposition OF the case,
but at that hour neither MIR. Curry his counsel
present The later's clerk asked for adjourn
ment, as Mr. Langbein was busiy engaged In another
case; but Captain Williams asked that tho case be do
cidcd at once MS he had already been subjected
great deal OF inconvenience. Judge Otterbourg SAID
he would call it at twelve O'Clock, whether the COM
plainapt his counsel present or not, and he
accordingly did 80.
At that hour Captain Williams came forward and
ad-"Your Honor, l ask that this complain, be
Used, tho evidence produced does not warrant
any charge OF assault and battery against me or my
officer. there that night and merely acted in
discharge OF my duty in ordering Curry out OF the
place, as he was acting d.sorderly The character OF
the witnesses Tor the prosecution ana the defence
should be taken into consideration and also the char
of this man Curry, whom have proved 10 be
prize fighter and you hoard him say yourself, when
asked him about prize light he had At Gloucester
Point, Yes, and would ike TO have had you there
too'"
AT this point Mr.. Langueius clerk INTERVIEWED, say.
ing, IF Your Honor please, hope that nothing esi
fed in lection with Mr.. Currys character or con-
duct previous 10 the TIN OF January will have any
weight on Your Honors mind in rendering your deci-
sion ?"
Judge Ouerbourg-I understand that point per-
ectly What happened previous 10 the 7tb OF January
Au
Captain Williams contnucd-"l can see no ground,
Your Honor, which this base charge of
assault and battery aud again repeat my request for
immediate dismissal OF The charge"
THE DECslsoN-
Judge Ottcrbourg then read the following deci-
sion-
After careful perusa of the testimony for the people
ana the defendant ind some very grave questions sub,
Captain Alexander s. Williams Oifeer Philip Mohr
pubic place whsra the The line and
son s atty From ns whence Il does
thar assault has comnitted by Captain Williams
him in CHARGE TO Officer Mohr And now come some OF
arrest made sscond-Was the assault Justified third
Was made to, the o! nskn ing 4. An"
tho when resistance is shown the
1t is a well established principle in law that manual
,ouehps OF the Uoay to an arrest
assault and battery in eviaence that Captain Will
Curry With offensive language which led the arrest
nSs @ wasa a. 1 IN ss ..
whether Captain Williams acted president private
S"s ssd
pUss or w s s @
ia the manner it was made according TO the testimony.
Mr. Curry was so disoraey that to lay
on to his We've pc n he
ought to have been arrested
ought to have been made sgain.t him by an officer or
nor IN e 40 w wss IL
1t The duty OF judicial officers to decide controverses
The public Shsrs'd w Of the
70 the rights By "s' public
is the best means to insure the respect of tue
S Dss" OF public affairs and the admin Istrasion
IN @ case and ns universal papo
law adhered that cannot be deprived Of known
an unpleasant duty III allowed to Ignore the evil
with Captain Williams, whom always
found very nicie as an onieer would dismiss the com
probable that the offence charged has been
GERS Of captain Williams.
THE JUSTICE AND CAPTAIN
"Captain, l Will fix your bail al $500"
The Captain-l contend that the evidence does not
sustain Your Honors decision. He then referred TO
certain evidence spoken of by the Judge. IN which
he Captain Williams) admitted that he had said to
Curry, "Your head ought TO DO bagged, you big
loaicr." aud declared that he mad made use OF
The ,enographef's transcription OF his notes was
referred to and the language mentioned was found
there inscribed.
'.oh !" said Captain Williams, "shas ssonographer is
paid by Curry"
here's gentleman standing by spoke up and said,
''The stenos rapheS, Judge Oerbourg IL Mr.. Jerome
Brady, the official slenographcr OF the Seventh Dis
trict Court and man OF honor and prob;ty."
The Judgc-Captain, Will listen TO any remarks
you have TO make, but they must be made in proper
tone Have you bail hereY
..Ycs, sir;' and then the Captain offered as hts
bondsman officer CImchy. Of the Court squad, but
Judge Otterbourg would not accept him, "a was
contrary to law Tor officer to 30 bail another
Captain Wiiams-l am pretty well ny on police
regulations and all laws Affecting the police, and |
never heard OF any such law before | don't think
there is any such law.
Captain Williams was paroled TIL to-day, when he
will give acceptable bail TO answer nj The Court of
enera Sessions.