The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-05
JUSTUS II. SCHWAB'S SUIT.
HE WANTS IA IMAGES FROM THE POLICE
FOR FALSE IMPRIS ONMENT
Because they Arrested Him for selling Beer
Between Midnight sunday md One
O'Clock VI ondny VI Morning-Testing the Law.

Because they Arrested Him for selling Beer
Between Midnight sunday and One
O'CLOCK VI ondny VI MorninE-Testina the Law.
Justus H. Schwab, the well-known Social
list appeared as plaintiff yesterday in the Ma
rine Court. before Judge Sheridan and a jury.
seeking to recover damages Of Policeman
George Mayforth and Sergeant Michael NJ.
Rooney for false Imprisonment On the 21st OF
last July. which was Sunday, Mr.. Schwab closed
his beer saloon. at 80 First street. all day, nc
cording to law. He had been arrested about
twenty times for violation Of the liquor law. but
was always discharged by the police magis-
trates. He was nevertheless determined to up
hold his rights. and as soon as IL o'clock Of that
Sunday night passed he opened his bar for the
sale OF beer. Patrolman Mayiorth arrested him.
and Sergeant Rooney locked him up on the
charge Of keeping open his place contrary to
law. He was again discharged by the police
magistrate. and subsequently began the suit
which was tried for the second time yesterday
On the fret trial. before Judge Shea. 1t was held
that the intention OF the Legislature in passing
tho Liquor law of 1857 to compel the closing
OF liquor saloons not only up to IL
o'clock on Sunday night. but until o'clock
on the following morning. To this Mr.. Henry
Wehle, who was Srhwabs lawyer. took eXcep-
| ton. He argued that Sunday meant twenty
| four hours. and no more. and that the courts
| had no right TO extend that time by such an IN
| terpretation of the statute as was mnde by Judge
| Shea. The General Term Of the Marine Court
sustained Mr.. Wehles view. and granted new
| trial, the jury. under Judge Shea's ruling. hay
| ing found verdict sustaining the action OF tho
| On the trial Yesterday Mr.. Schwab and his
witnesses testified that Policeman Mayforth en-
| tered the place in n rude manner and demanded
that II should be closed that Schwab said II was
| not o'clock. and he had u right to keep open
| until that hour. Mayforth said he didn't care u
| d--n what time II was.
| Mayforth's story was that he went in and sug-
gested that, the place should be closed; that
| Schwab said. want to have this question test
ed; will go with you to the station;" and
| even without his telling Schwab that he was ar.
| rested. He described the arrest as such mild
proceeding that Mr.. Wehle asked. on cross-ex-
| animation:
Did you arrest schwab. or did schwab arrest
yopT
| How long had you been pOliceSan 2"
About four years; but only Sear and a
| month in that precinct"
Did you arrest any others for keeping sa-
| looms open at that hourW
No. sir no others kept open in that precinct
| at that hour" said the officer. amid smiles OF
| incredulty from the spectators in court.
How do you know Schwab was selling beer p
u tasted some from glass on the counter"
- Did YOU ask permission OF the man whose
elaaSs iLaTasf"
g l. it the custom Of policemen to do SOP"
Yes was the reply. Mr.. Wehle, in sum-
|
policeman as more OF an offence than the one
he was charged with, and said that Schwat
| would have been justified in taking vengeance
on the spot. " II that had been my beer" said
Mr.. Wehle. shaking his rather diminutive ilsl
at the stalwart officer. you would not have
had an opportunity to repeat the experiment
lLaughter.l
DO you know the difference between the
taste OF fresh beer and stale beerT" asked Mr.
Wehle.
No." said the officer.
How. then. could YOU tell that the beer you
tasted was sold between the hours of ~ and / p
This was a poser at first for the officer bu
he came promptly 10 the rescue and answered
Isurmised it
oh you made your arrest on a surmse.
said Mr. Wehle.
Mr. Schwab and his witnesses denied that the
officers tasted the beer. or that he had himself
courted arrest. He was disposed 10 complain
bitterly OF what he thought was the unwarrHut.
ed persecution OF him by frequent arrests .whilt
other places were left unmolcstcd.
Judge sheridan, IN charging the jury, said
that under the decision OF the General Term
the arrest Of Mr. Schwab was clearly an ilega
arrest. He did not know what was the intention
OF the Legislature in leaving that hour be-
tween u O'Clock on Sunday ight and O'Clock
on Monday morning unprnvided for. Pos
sibly the Legislature might have intended e
permit citizens the one hour OF enjoyment aftel
a days deprivation. Whatever might be tn,
cause, that hour had been left open. and Mr.
| Schwab Is entitled TO recover damages from IN,
| policemen for arresting him. But. unless the DO
| Hcemen were actuated by malice in making IN,
arrest no verdict could bee given for m re- thar
had been proven. II the jury found that mulic,
had actuuted the officers, then. he said. they
were NJ liberty 10 assess damages at higher
amount The Jury We're ont about two hours
when tho Court got tired OF waiting and ordpre,
a sealed verdict. which will be opened at II
O'Clock this morning