The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-12
Poilcc Intelligence

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Eartmeytr Nayor-Robert w Bowyer, one of the po-
Hcemen OF the city of New York, complained
against by stephen r. Thorne, for having. Sunday,
the 21st May 1s4S at about IL p NJ struck him three
blows with a weapon called Billy The complai mt
having been made in the usual manner, day was APP
pointed Tor It's inyestgnton and at that time the
ties respectively appeared before in and by
counsel Mr. Thornes counsel stated the charge as
comprehe ndiDg three distinct offences vz:-1 Violent,
coarse, and insolent behai ?, Unhtress for duty
Disobedience of orders The specifications of these
charges relate exclusively to the assault above me n
toned and therefore II will not be necessary for me to
consider them seriohm They FORM in fact, but one
complaint and will be thus disposed Of The witnesses
for the parties having been duly examined, MIR Bow
yer according to the practice isuch cases submitted
written statement, and the counsel on both sides
furnh he'd me with written arguments have delibc-
raely examined the testimony and arguments giving
them all the reflection necessary to form II sa-
coed TO state the conclusion at which have arrived
1t was objected by Bowyers counsel at the co nme
ment OF the investigation that the complaint had no
reference to Bowyers official conduct and not
therefore the subject of complaint this position
decided to be untcnable for which now state
consider that policeman, in his relations with the
public, is always duty, far require that no.
lice be taken OF all complaints duly made against them
The Offices charged must necessarily be either personal
or Official personal when they apply solely the indi-
vidual and do not injuriousy affect the character or
dlscipine OF the department; official when they are
committed In the performance of public duty and do
not affect it, and the investigation must in ali eases be
had that in the entire evidence it may ultimately be
determined whether the complaint affect the official or
exclusively the personal capacity of the accused.
Citizens who become policemen, although by
ri oh
as individuals they continue to have personal relations
towards society with which the public ha We no con-
Germ but such of their private actions necessarily
disgrace their official position and injuriousy affect
the character and discipline of the departments should
never be suffered to pass without investigation nor
without punishment This rule equally deter
mines the fitness of the citizen to be appoint
ed policeman, and to be continued in the de.
parlment when appointed; and If the candidate
should not be rejected who may have INDUCED
practices or committed acts which in a policeman
might n he regarded as disquafying him for office,
he anf 10, l.1;o
repeat them when in authority neither should an
isolated personal improperly committed by police
man OF department. generally good under circum-
stances a0ordrg any Justification for his conduit be
visited with undue severity, deemed to DESTROY hi,
capacity Tor office have stated these general prin-
ciIles, because they have heretofore regulated my
official control of the police department How far
they bear upon this case remains to be considered
IL VII be seen by referring to the charges and spec-
cations that they do not relate any official act of
the accused and they no further affect his official
pacity than in being supposed by the complainant to
exhibit in him violent and revengeful temper lead.
ing him to the preparation of what the complainant
alleges to be unprovoked assault with what he
mine how far this accusation is supported It is
necessary that first find what the facts of
which have referred. From the evidence before me
learn the occurrence complained to be as follows =
On the night in question, Bowyer stopped at the
Ivy Grecn,p kept by Mr. Malachi Fallon and HAVING
taken glass of soda water, was advancing towards
faiIon, who was seated Mt the window. when he was
accosted by Ihorne, who stood at the bar evidently
under the influence of liquor and to whom Bowypr on
entering mad given passing salutation Thorne COM
menced conversation with Bowyer by accusing the
latter of having wilfully omitted to notice him in the
street on several occasions and having passed him as
if he were an q animal" Bower excused himself bv
stating that when his mind was intent on b,r iness
he frequently passed his best friends without NOTICING
s't men; Dowyer anxious as it appears, to avoid
Mr. falon and commenced talking with him on police
matters, when Thorne again accosted him. urged
Bowyor TO drink with him, which the latter several
times declined declaring at length that he would NOT
himself drink, but if Tborne wished drink he Bow
yer, would pay for it Thorne then began series of
question: TO Bowyer as to where he resided where his
property was, whore he paid taxes where he had his
%asnng aohe ana others of the same nature. evident
~ designed to show that Bowyer not legally 1ua
NED by residence to be policeman in the city of New
York. and during the conversation offered to bet that
bowycr had no right to be officer To all these
questions, Bowyer gave brief but civil answers en-
oeayoring to avoid Thorne and keep up his conversa
ton with MIR. Faon. While thus engaged Mr. Ugg;ns
an officer from Brooklyn. entered and asked BOWER
tosep to the door on business Bowyer tried rise to
20 out when Thorne put his hand on Bowyers breast
TO prevent his rising telling him. Also mot TO 90 vet
!aion then took hold of Thorne by the arm and told
MN 10 let Bowyer go as he had business Bower got
up and going towards the door when Thorne seized
the lapel of his coat Bowyer taking hold of Thorne;s
band TO disengage himself and telling Thorne 70 let
go OF HIM Ihorre asked Bowyer what he meant = |
Bowyer told him, sharply to let go of him. which Fall
Ion says was the first time Bowyer showed any excite
ment and therefore tallon took hold of Thorne and
told him to let go of Bowyer which he then did and
Bower went out of the door On his leaving Thorne
said 'Bowyer had no right to be an officer, and he
(iborne) ala not like him any how. This said in
tone loud enough to be heard by Bower who was ON
the soop; aud just after it was uttered Thorne who
up to this time had a cane in his hand (Which after
wards proved to be sword cane) went or as one wit
ness said hurried outn and rudely grasped by their
coats both Bowyer and officer Higgins Bowver again
exclaimed ''let go of me" "1borne., said Rowysr
what do you mean! or what did you mean!,' Then |
ne Jet go OF higgins. but retained hold Of Bowyer;
VINO Jerked himself down the steps of the stoop
Ihorne going down with him. and stl retaninr his
hold when they had reached the walk, Bowyer, draw
Ing billy" which he carried, struck Thorne blow
through the hat then, and not till then Thorne re-
leased Bower, but did not recede from him
Bowyer aimed another blow Thornc threw nm
his arm and received it there, and then immediately
the third blow was given, which took effect under the
let ear, and staggered Thorne, wherupon Bowyer
walked across the street calling Higgins and thew
went away together Thorne went back into Faon's
bed profusely from his wounds, and was aftervards
treated by DIR. Jones, whose testimony is annexed
This is the history the affair as established bv the
evidence andin reference to it arrive at the following
First-That the occurrence exclusively of per.
sonal nature, not connected in any manner with
Bowyer official character or conduct
Second-Ihat under the circumstances of the case.
tie violence on the part Of Bowyer not unprovok
ed, as the complainant alleges, but on the Co trary
Was produced by provocation of haunting and aggra
waiting character wantony offered by Thorne. Thorne
was sufficiently excitedl by liquor to be quarresome
His language and the spirit eynced in his conversa
lion with Bowyer, showed any thing but friendly or
social feeling His interruptions of Bowyer's con-
versation with FalloD which Bowyer commenced
10 AVOID Ihorne his attempt to keep Bower in
his seat, when the latter sought to rise and leave
he room, on business the rude grasp with which
~ sciHcu po"yer, ana tne duhculty with which
hat grasp wins released his expression of IN feeling
towards Bowyer when the latter had left the room !
aud whch, nom the testimony of Fallon, Bower
could not hear his laying down or throwing down
his cane, and passing out of the house not FOR the
mere purpose Of leaving the premises but as his man
ner clearly Indicated with the design giving further
vent to his i'll feelings against Bowyer and Ihs entire
conduct throughout the transaction all show determi-
him Then his seizure of Bowyer Higgins outside his
nation to rritate Dowyer and provoke n quarrel with
rlingng to Bower after he had released Higgins his
ming that hold until after the first blow the in
n IL,
yered by the third blow these facts place Thorne In
the light OF an aggressor, and in my opinion, rnish-
Justification to Bowyer in using force to get rid of
his assalant
Third Being satisfied that Bowycr justified in u.s.
ing force to repe the assault the next question suggest
ed swhether lac used improper force more than was
necessasy for his protection under the circumstances
To determine this satisfactorily to myself against
Bowyer, would require to be placed by the evidence