, 1880-10-31

Nv c%t l. ~ - ~ "~AN-~
O'Clock IN the evening, and went into the regis.
trauon office, and heard some loud talking going
| on. Dir. Geister was talking to some otner man
not Dwyer. and, as soon as the officer appeared
thew no BIZ hands so aeen em or ~
minutes before Dwyer's quarrel. He made the
man shut up. but Mr. Goisler continued to abuse
| and made bin shut up too. He then went along
on his heat, towards Harrison street, ana COM
| ing back. he found there was noisy crowd To the
saw Geisler strike little follow with both hands,
[ and catch him by the thTunt. win tue assist,
anee Of Mr. McNally, he pulled them apart And ana
both very boIsterous, Getser said: II want
you to nrrest th,t man," and witness aatd, II
ns'f! se.png tss up M 70 alox yyt
you," and witness took them bo' b to the Arm
ory, and booked them for dsorderty conduct. =,
| Col. Cameron-Wus this on your regular oeat5
Nitness-This was on my beat
=, Cot: Cameron-Was any direction given you By
the Mayor. Or anybody else, to go there
not know his authority, thought be was some .
kind of an otfIcer, For be was making himself
| Was Supervisor. Witness denied having struck
Ges!er. und said thnt the only person ne euw
d d % ws r ana ae ta oor was Nv nSh
merely assisted the officer to pull the TWO men
| npArt.
| {Q6 CFO89, Wltne98 fCptaLEu t4ak Ac AaA Ao
specific instrncttops to go to the registry place,
| going In because he heard the loud talking. He
didn't ste Gcisler have badge; didn't inquiry
se sssy Ms u ns i s Pse s ne s
= dozen lines. N'fi; h took one Of Gcis,
McNaliy The other. t' He did not testify IN tho
Police Court that Gcislcr told him to nrrest Dwy-
er before Geisler seized Dwyer
MIR. Cameron wanted to put McNalty on the
stand to shtw that he did not strike Gelslor.
District-Attorney LcAke objected On account
o. the to e3 5ae h tosr Of fsa
whut he bud to say wouldn't shed any light any
how. .-.
! in evidence The city ordinances, showing the
au. ,rty Of the police to make arrests for dis
!. orderly acts.
The Court asked the gentlemen If they de-
sired to nrgue the cnse. ..- ,...
They said they did. und recess was thereupon
After tho recess, arguments were heard upon
the case..
GEN. LEAKE
opened by saying that the question Of where the
right to preserve order aud the authority to ar-
rest for violation Of good order rested was one
datlon OF this case. it was lodged in Il kreas
many different boues; for tnstance, In this Court
the right WIS lodged in the Judge, and under his
direction with the Marshal: who bad tho ex-
elusive right to prcserveordcr inside tho court
roo.n He called the attention Ut tie Court to
1nf OF "f 10 @ was'f m H. he s5a'G n w t
1osty-stxth chapter ot, the Revised statute.,
which provided for the Roard VI Registry, and
the Judges of elcction aud the Constitutes np-
pointed by the County Board. to the ex-
clusion ot uny authority Of any police
der around the polling place or around the
precinct. who had no olnure business thoro than
he would have to cume into this courtroom aud
ff,r n
OF the Bcnch. aud even to tell his Houor 10
"shut up II he thought he was making TOO
Col. Cameron-suppose that such a thing were
to transpire that the Registruss and other Of
fcials connected with the registry got into 4
row, and were cutting themselves to pieces
Gen Leakc-Then YOU might possibly have to
call for tie interference Of any bystanders OF
ocAer at tho polls, iu case there w's ans neces-
sity for power of tMt kind. So much fnr the
Druvf5iOn that has been 'inude by tic State fur
the preservation OF order at its general cleo
t1uns.
He went on to quote the United States law IN
reference to this matter, beginning with Sec. 0l1
OF the Revision which provides for Supervi iss'rs Ut
election. and gnve the power uf preserving Or
der and ,nnking arrests for breach Ut the peaco
t. the snperyis1rs "f Election in the absence sen Of
Qe.slcr was by this l!lw clothed with the snme
power as a Deputy Marshal, there hhving been
nu Marshus appointed. 1or this precinct. could
~ s1 n hia MD Yt{a hystnnder ,r tho Dosse com
ft",us. ~ ana NJ thot nnvhnHr nho refnsrd m cnm.,
to his ni, and heIp hjm arrest or eject any per-
son fnr br.ncb of fhe neace was liable 10 MIN
ish1,on+ Sgu az - oe p9"eo ""7 '''''- ~ pun
Ts,I 1.smcron-There IL nohodr denyinr that.
Ear e"EaM1 ;hr1,rnf w., ia 09A11e ~A@@0
G,T csmars,n.-V 70 a. W. oN
Con. IeaIteMTh..m t1,ai ia admitted.-that this
sHnnr,iaor MA thS+ n,,,3,r ~ ,nnEn rrosfs With
t1t nrocess and 1o cpit ~ his nd the bystandcrs.
S,ncp - fhsr ~ IA trn t,nr - in cycnssnn .,r nj
othnr anthnrltw. md rh. nnccman ri t,hitnpo
vf,o en;era rheyf, und fnrerlerts win uuy arrest
thar fhe s,,nnrvu.r my f;,ake ia arfinr IN ,.oa-
rtnn ~ ths ,u ont ia snhict.. RI ira ncnnirfrs.
onn wtatarnrht ,i,.a rhnrs. su r,r os rs etr.ct
~ ,.n",s. -, ,S;s .s ,,ct,rnd 10 i1.yaf and ,.niI
Gan o. o"tss ots uMotcd ti,e scl.on Of the United
S+taa Snnroirs u,r, ~ nart.. Ste,,,,id 1871 III
fSia nnint mn mr,.t4i rnat the Su'crvi.Sr
Gniscpr w,'s r,". nrv ncrs,,n Myln, uuthor,ty to
% 7 . md s,r tE;, =, ue,n:s,, u.,s n;cre
has,,isr h,%.;rv ~, .,,rnr1ty Of anvsort wl,ut
e;or n,a'toeA' =" ':Ae ~ "of-
NJ oouaro, so,i ha Ind M ron,v tn mokn
~ a,'1,r, ,vsa s.' o91. 70 nuu i,e Tr md # was
s;f. ,;th 40 :, 1854 uG ,yaa n r., Tnc RI h;s
IT, ,1,! w ,,,,,st m az. ,a sus,ntncd
oo's - Do'' .uu. .sn .ao 1r..,.a.'-, -.
JUDGE DnuAAoSD.
The Court-The only question In the case 15