The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-18
The Late Election Row in the Eleventh Ward
THK POLICE HELD TO ANSWER THE CHARGE OF
NANSLAUaHTER.
FIRST DISTRICT ruGIcx COURT.

FIRST DISTRICT PoGICE COURT.
Fm 1.-The People u.s. ". L. Miller Peter Duty, and
Oscar Van 7asse Of the Eleventh Precinct Police-CoN
MOLLY J-This is charge against officers of justoe-po
Bcemen-for taking life whilst engaged in their general
duties. William L. Miller, Peter Duffy and Oscar Van
fAsse have been arrested brought before mo and ex
amned charged with having caused the death Of Patrick
Vaughan by injuries inflicted upon him on the morning OF
Wednesday, Dec I'd last The Coroner, by bis jury, ad
Indicated upon part Of the testimony but did not hold the
defendants The proper function Of the Coroner and
his jury Is To ascertain the Of death, and IL is
accompanied with elonious homicide, then the Coroner,
O magistrate must detain the guilty parties. But the
action Of the Coroner final His duties q magis.
Ate collateral IT, In his discretion he discharges,
mary may be made entertain DOUBT Of my jurisdic
ton and Of opinion that the fscs at present before
bad BEEN their length and BREADTH before the Coro
pers jury their acAob might have been different Ihave
devoted many days careful examination Of this
s s evidence 4 so s q them IN so%e
conflicts with that Of others but hore certain leading
end material facts which have forced themselves upon
my conviction An examining magistrate s not obliged TO
pass upon the guilt innocence Of parties accused but
only upon the question whether there sufficient for the
Con soS on O. s asoase 70 be- Sseses osss
q nsnsaughter made ON against all tho defendants
Her testimony 10 oorroboraseA n many o. its material
features by that Of numerous cher Witnesses who are
before me unmpeached Al that hgs been sworn TO by
shem true, the deceased was subjected after he was
Alter bis door had been broken open and when he
lying bleeding and mortahy wounded; he beaten With
Clubs when weak and helpless. Tho injuries inflicted
upon him while beng taken 10 the station house, and
The subsequent treatment received by him there, would
warrant me, d nothing more apyssred, m hold
~ the defendants accountable for peir conduSk
would in this connection say that the conduct OF ocer
Hawks on Ae Of The homicide deserves prsse
He cool humane and deleerse and although wound
cd the time and having Va his possession loaded re-
voiver did not Homcidee by officers OF justice are
The subject Of very ertended articles BY Wharton a.d
other writers of criminal law The general rules stated
by that officers ought not 10 come to extrem
upon every slight interruption without reasonable
peceesyr that officers OF justice are engaged in the
they find u necessary take life; that party Assault
the officer, or about TO assault him IN manner
which gives reasonable ground or the officer believing
hs NE TO be in peril, he may Justify killing TIC party
duces Itself question OF "reasonableDess and ne
cessny" Now the facts before me, was there such
necessity take life will justify TIE ofcersS Or had
they such reasonable fear OF consequences Justified
them7 The officer in deciding for himself, las Chief
Justice Bronson In Shorters saysD must take the
peril of the face. The justlleaaon y one q Law upoo
strained the opinion sAi necessty existed TO take
life the before and no reasonable fear existed
that would absove the officers. hold the offence 10 be
granddaughter. In conclusion, may be permitted 70 re
that appreciate much ~ any citizen the necee
sy OF supporting officers OF justice OF every grade In the
honest discharge of their duties; bn there s higher
Evil 70 be guarded agamfa- Policemen who are armed are
snbject 70 human passion, sad 70 human nruty and 70
nifty decide when they shall take life and when NOS
uembe for the consequences. The evil Of their unre-
strained acton grestsr than The evil even Of not pro
tecang them whCn they are asaslscd Tue nrst nciaen-
talH concerns the whole community Of citizens. earn
susly trust that tho Board Of Police the
viii look carefully nto this after passes from
nv hands dare not, under the teem0y and the law
DO otherwise Than hold The defendas<s
Lea hnd bal the OF three thous and dollars