111 N.Y.S. 1065 | N.Y. Sup. Ct. | 1908
The relator has been, held by the committing magistrate to answer upon trial for the crime of oppression. Under writ of habeas corpus he traverses the return of the magistrate, alleging that the evidence upon which he was committed was insufficient to prove the crime charged or to confer jurisdiction upon the magistrate. The relator was apprehended on the complaint of one Barney Marks, alleging in substance that the relator, a special officer, maliciously and unlawfully arrested the complainant and detained him against his will; that he seized his property, struck him on the head several times and called him opprobrious names, thereby causing him injury. At the hearing before the magistrate the complainant testified that he was a cigar maker and had been engaged in business at numbers 128 and 130 Broome street for about fifteen years; that on the 7th day of ¡November, 1907, he went to collect a bill for cigars from one Berman, who had a cigar stand at number • 270 Grand street, where a billiard and pool room was conducted; that while standing at the cigar counter awaiting the arrival of Berman a number of officers entered, accompanied by the relator, who drew two revolvers and directed one of the officers to “ get three patrol wagons.” What then transpired is best shown in the language of1 the eompla'inant as disclosed by the record: “ I thought it was time for me to go. I said to the officer, this gentleman here, standing alongside of the cigar counter, I said to him, ‘ Officer, excuse me. I came here to collect $8.’ And he gave me no answer whatever. I said it again. I said: ‘I am here for the purpose of collecting $8/ and he gave me no answer again, and if I am not mistaken I said it a third time, and the third time this gentleman came over to me. (Indicating.) Q. ¡Reardon? A. Yes, sir. .And I said: e Officer, I am here for the purpose of collecting $8/ and as I said that he said: ‘ You dirty Sheeney bum! ’ and he struck at me once and I dodged it, and he struck at me again and I dodged it again. He struck at me three or four times, and the last. two times he hit me.” While attempting to explain to the relator his presence in the premises and endeavoring to exhibit his business card the complainant was arrested. He was charged with disorderly
Writ dismissed.