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New York, New York County, New York
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In 1859 New York, Superintendent James Irving assaults vendors Herrlich and Heckman at Centre Market over stand disputes, falsely arrests them, but they secure a warrant against him via Mayor Tiemann after affidavits expose the incident.
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Subsequently the case assumed a slightly different complexion when brought to the notice of the Mayor by the assaulted persons. Mrs. Heckman swore as follows:
City and County of New- York, ss.—Margaret Heckman being duly sworn, says, that she resides at No. 4 Centre Market place, and has stand No. 82 Centre Market, where she transacts business; that this morning, about 7 o'clock, James Irving, the Superintendent of Markets, came to the neighborhood of deponent's stand, and that of her sister and brother-in-law; that said brother-in-law, Mr. Engelhardt Herrlich, then addressed Mr. Irving, and asked if he could not get back his stand in the market, No. 87, which had been taken away from him; that said Irving then said, "Who the h—l are you talking to, you Dutchman?" thereupon said Irving made an assault on Mr. Herrlich, whom he still held, and deponent tried to separate the parties; that deponent spoke to Irving and said, "Let him go; you have no business to hurt that man," and placed her hand gently on him; that said Irving then violently pushed deponent away from him: deponent still endeavored to liberate Mr. Herrlich from the grasp of Mr. Irving, when said Irving then let go Herrlich and struck deponent with his clinched fist in the face, so that the blood flowed from her nose, and repeated the blow on her mouth and nose; said Irving then turned on Mr. Herrlich and took him to the station-house in Spring street, and then put said Herrlich in charge of the officer in command at said station-house, under the pretense that said Herrlich had made an assault upon him; said Irving made his affidavit of the assault which he alleged had been made by Mr. Herrlich on his person, and then an officer accompanied him and Mr. Herrlich as his prisoner, and also deponent, as prisoner, to the Essex Market Police Court; deponent, when on the corner of Bowery and Broome, was about getting into a stage, when said Irving seized deponent by the arm and pulled deponent and said that she must go down Broome street to the Police Court; that deponent said she would go, but desired to go in the stage, but said Irving refused to allow deponent to ride, but she was compelled to walk through the street. Deponent appealed to the officer to be allowed to ride, but the officer insisted on her walking as a prisoner, through the public streets. Justice Brennan took Mr. Irving's affidavit, and told deponent and Mr. Herrlich to go home and attend to their business, and some at 10 o'clock to-day. Mr. Irving then said there was no use of their going, for that he would expel deponent and said Herrlich from the Market. The Judge then said, "That is nothing to me," and directed the officer to bring up deponent and Mr. Herrlich at 10 o'clock. Deponent went back to her house, and then to the Market, where she received a notice suspending her from occupying stands in Centre Market, by order of James Irving, Superintendent of Public Markets. Deponent then came to the Mayor's Office to make complaint.
MARGARET HECKMAN.
Sworn before me this 14th Nov., 1859.
Daniel F. Tiemann, Mayor.
City and County of New-York, ss.—Engelhardt Herrlich, being duly sworn, says—That he resides at No. 22 Crosby street, and does business at Centre Market; that on this 14th day of November, at about 7 o'clock, he met Mr. James Irving in Centre Market, and asked if he could not have his stand back; that said Irving then replied, "Who the h—ll are you talking to, you Dutchman?" that as he said this he pulled deponent violently out of the Market, and pulled and hauled deponent; that Mrs. Heckman, deponent's sister-in-law, then came up and endeavored to free deponent from the grasp of said Irving, when he assaulted said Mrs. Heckman; that deponent has heard the affidavit of Mrs. Heckman read, and that the facts as stated therein are substantially true.
ENGELHARDT HERRLICH
Sworn before me, this 14th day of November, 1859.
Daniel F. Tiemann, Mayor.
After the above complaints had been taken, an officer was immediately dispatched with a warrant to arrest Irving, but at last accounts he had not yet met with him.
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Location
Centre Market, New York
Event Date
14th November, 1859
Story Details
James Irving, Superintendent of Markets, assaults market vendors Engelhardt Herrlich and Margaret Heckman after they question him about their stands, arrests them on false assault charges, but they complain to Mayor Tiemann, leading to Irving's warrant for arrest.