The New York herald., 1878-09-28
sCHwAB's DEFEAT.

VERDICT IN YAvoR OF THE POLICE OFFICERS
WHO ARRESTED HIM AS vIoLAroR OF THE
EXCISE Law.
Citizen ustus H. Sehwab commenced IN the Marine
Court . suit 10 recover damages from sergeant
Michael n. Rooney and Private George Aayior'n, Of
the Seventeen precinct, some time ago. The suis
came on tor trial yesterday before Judge Shea and
Jury. The story Of Schwab and four friends who
we're present ON the occasion WAS that on the morn
ing Of the I'D Of July last, At quarter 70 one
o'cisck Oaeer Asyforth entered bis ossr saloon ana
told him in an angry tone TO shut up hts place
Schvsb called tne attention Of the ofnosr to
tho time, and, intimasing that according TO
the assronomeFs. Sunday was n an end,
asserted bits right 10 bs open. The ofhcsr
said no did not care q damn for Copernicus or the
clock and he would arrest Schwso All this time. ae-
oording 70 Sehwabs Witnesses, the officer was swing
ing his club In his hand, and ~ Schwao had no In
tention o closing and inclination for being eu0bed
he put on hio coat and went peaeefuily with the
oracss At the station house he charged with
having his place open. aud using tho same argu.
mont to the sergeant the sergeant ''put him below
On the following morning he was taken before
Judge Bixoy, whom the charge made against him was
violation Of The EXCISE law. Here he repeated his
argument as 10 the iieyality Of his arrest and the
Judge ordered him back tho cage while he delib-
Grated. Finally ne was discharged and brought tne
present suit
Paul Eberhardt, Gsrmsn editor; John Sohm midts u
painter, ana William Scnwariz, Iailor-wno were 10
The place at time OF the arrest all denied that
ther. wus any drinking gong at the lime oi the
arrest and that although glasses were about
sobwsS aud ali the witnesses on bis side Mr.. Mclean
counsel or the Police Commissioners, VINO appeared
for the defence, put the question wns!ncr !noy naa
Instead Of sweAring but the Court ruled ont, hold
ing that witness had right 70 exercise MS prefer.
ehaP AfnP
Schwab said no had been nine years 10 New York,
and had sccomm for travellers 10 the extent
oi beds, washbasins, towels ana cemoA
"Have you 10 your rooms . Ist Of prices to bo
ehargea travellers, Is required By Law " asked Mr..
Mclean.
al have not, tor the reason Ihat charge nothing;
give mat gratuItousiy" hs could not rscoliecs how
oil en- he had been arrosted but thOught II was about
twelve or tmes none OF the charges against
him were ever prosecuted, athoagn be had gone per.
sonay the DY.ries Attorney and requested h'm 70
Tne story OF the defendant Msyiorth was that h6
found Ine piasss saloon dooF open, between twelve
and one O'Clock on q Monday morning. He told him
10 close up aAd this order SchwAO replied that no
tired Of that business and wanted 70 isss tho
the testimony being In both sides argument
followed on the questions OF law ~ Mr. Henry Wenie
on the part Of SchwAb. and Mr. Mclean on the part
Of the defendant The issue bsng whether the hour In
which the arrest took place was coveredoy any Law.
Judge Shea hsid u 70 bs clear that the Law OF 1870
,mpo.sd tho duty Of every saloon Keeper on week
days 10 keep doors closed between The hours OF
and nve ia the morning Tnen tue law. 10 an.
other section, made n equally Imperative TO Keep
closed on SUNDAY, which undoubtedly ended .. mid
pigut But II would % absurd and unreasonable, lac
SAID TO iner the single hour between midnight
SUNDAY and one o'clock On Monday morning had been
left uatouchsd by operation OF Law. He
would therefore, construc the sunday law AZ INTENDED
70 sx,sad 70 ave o'slsek on Monday morn
,ns, whion would cover the time IN wn,cn
sno arrest had been made. Under that
Interpretation, the plaintiff had clearly violated the
Law, unless the place, beng a. the same limo
dwelling and saloon, mad been opened for the pur-
pese Of aDordiny light and arr TO psintn's family.
This ueslon, we'll Tue question oi camagss, "
snsr verdict be favor Of pisInun, he left TO
the jury TO determine.
The Jury seemed 10 have great difficulty in COM
ing 20 conclusion, they very soon iound verdict
in favor OF defendants, together wish costs Of
tho action 70 20 patd by Schwab.