The sun., 1896-09-28
A RESTAURANT RAIDED.
MEN AND WoMEN ARREsTED FOR
NO CRIME.

They Were Locked UP All Might In the
Firth Street Station - Discharged the
Next Morning. by MAGISTRATE Braun, Who
Declared Their Arrest Was an Outrage.
To the lay mind q quiet supper eaten in an
orderly manner is not crime or even misde.
meanor, but tho police of the East Fifth street
station look at It differently. It isn't safe to
eat in the evening when they are around II you
don't'want to bo dragged awRy to a police sta.
tion, locked up all night, and arraigned in po-
lice court in the morning, there to have an In
telligent policeman, sworn to protect the citi-
zens Of New York in the peaceful pursuit Of
their business. tell the MAGISTRATE that there
is no charge against you. 1t happened to If
teen persons. of whom half dozen were wo-
men, on Saturday night.
Magistrate Brann, when sittinR In Essex
Market Court several days ago, issued q war
rant for the raiding Of the Stuyvesant Square
Hotel, at 81 Third avenue. Evidence had
been obtained by policemen OF the East Fifth
street station, who declared that they had
been solicited in the dining room Of the place.
This evidence was supposed to determine tho
disorderly character of the house. On Satur-
day night Policemen Farrell, Larkin, Cliff
ford. and Won Twistern went to tho hotel and
proceeded TO mako wholesale arrests. In the
restaurant they found number of men and
women eating and drinking at the tables.
You are all under arrest" said the police
men.
There was CONSERVATION IN tho place. somo
of tho women began to CRY, and the men pro-
tested vigorously.
Look here" said ono Of them. "what arc wo
doing to be arrested forf just came in hero
on my way home"
And I've Just come from tho theatre with
this lady" said another.
This is tho fret time I ever came here"
protested third. II don't see why should be
arrested"
Don't mako any difference" returned the
policemen. YOU'RE under arrest and you'll
get into trouble II you don't come along"
Going up stairs the police arrested three
couples who had registered and taken rooms,
and also the proprietor of the place, John Bitt-
ner. The prisoners were locked up over night,
and in the morning were arraigned in Essex
Market Court. Many Of them wore obviously
respectable. and some Of the men said they
were dry goods clerks. Offering to furnish ref
was held for examination. Those who were
found up stairs were fined So each. Then
We'll, what is the charge against all these
other peorle?"
hy EsTs tho tTG yqnr Ha99r
But what is the charge against them5" re-
the place. and so we took them in."
Then IL there's no charge against them, what
right did you have to arrest themf"
"Why-why-why. they were in the hotel,
your Honor" repeated the policeman, help
lessly.
Look here, officer" said the Magistrate,
with some anger. II told you when issued
this warrant that you should arrest no one but
those who were committing some disorderly
act, and here ! find that you have arrested
these people, who had perfect right to be in
that restaurant eating. How does this hap
penn"
But tho policeman had nothing to reply to
thls. In vain did he look appealinEly at the
other bluecoats. They didn't know the an
Bwer. either.
1T was an outrage" continued MAGISTRATE
Brann. The prisoners are discharged"
Several Of the prisoners are considering
bringing suit for false arrest against the po-
lice When Acting Captain Herihy was
asked by Sun reporter about the raid,
he said:
The Tarrant called for the arrest Of all per-
sons in the hotel. Ds Is the usual form for
such warrants. do not know anything about
Magistrate Brann's having warned the police
as to whom they should arrest and whom they
should not arrest. Won Twistern, who APP
piled for the warrant. is a careful and efficient
officer. The dining room whera these persons