The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-03
Throwing Garbage In the Streets.
TIE POWER OF POLICE MAGISTRATES.
NEW 1UKK, July l,
TO TIE EDITOR OF TIE HERALD.

i, 4.
TO TILE EDITOR HERALD
On my return to the city yesterday, was shown
communication signed by Police Justice Clark
under the above head, in your paper OF June 30 in
made by me, relative to the discharge of Catherine
ODonnell Justice Clark says that report is untrue
and that he discharged Catherine because she had
Deen locked up in the station house all night, which
ne tnougnt was punishment enough. Now | wish
to distinctly state that Catherine 0Donnel was ar
rested at o'clock A. NJ Gas the return to the Chief
Of Police will show, and taken Immediately to the
Police Court. She was not locked up in the station
house at all.
Yesterday (Friday) policeman Sherwood arrested
woman Tor throwing dirt In the street. Justice
Clark fined her one dollar. On learning the police.
man before him was Sherwood, of the Eighteenth
ward, no threatened to commit the policeman to
prison for Gas he Clark aleged making false state.
ment relative to the discharge of the said Catherine
ODonnen. On Sherwood telling the Justice that
he could prove by several witnesses that he Justice
Ciark) had said he had lao power to punish for
throwing garbage in the street, Mr.. Justice Clark
replied You can go this time, but will
punish your Captain tell the Captain | want
to see him." In accordance with the re-
quest of Justice Clark, l went to the Police
Court to see him. The Justice then told me that
ne had studied law for twenty.years in New York,
and he did not think was proper person to talk
to on the subject of law. On my saying that his
communication to the HERALD, relative to Catherine
ODonnell being locked in the station house all
night, wss untrue, and that she was arrested at
court room, saying If did not 60 he would commit
me for contempt Of Court. | Immediately started
to leave the Court, and on arriving at the door,
repeated that his (Clark's) communication to the
HERALD was q falsebood. The Justice then ordered
me back saying he would commit me for dsorderly
conduct. went back, and he actually wrote out
commitment, committing me for examination, to
the custody of the keeper Of the City Prison, on
charge of dsordery conduct, although no person
had made an oath against me whereon to found q
commitment. Justice Clark did not order the DO.
licomep attached TO the Court to convey me to pri
son-why he did not, after writing the commitment,
] cannot say.
Justice Clark also stated to me yesterday, that IL
was question of doubt about the right of police.
men to arrest and have locked up in the station
house ai night, person who was caught in the act
of throwing garbage in the street, although he &C
knowledged t was TIE duty OF policemen to arrest
for q misdemeanor when they saw tie act commite ,
and he also acknowledged that policemen after
making m arrest, had not the power 80 discharge
but, sail he, they must convey the prisoner imnie
diaely o. the Police Coart WHAT wa to be done
with prisoners who were arrested at IL O'clock
at night. Whon thc Police Courts are closed. the
Jusi.sc did net ID orm Toe. Yours reepectfiiv,
uso. W. n4LLNG, Captain
Eighteenth Ward Police.