The sun. [volume] (New York [N.Y.]) 1833-1916, 1861-09-13


TIE reader will find on our inst raeyr, the
ofscial record Of evidence in the cac OF police
man GALLOWAY, charged before the Commits
siones with an outrageous aS>Aul, upon Mt
lcHN J. BrNSErr. Of New Utrecht l.. l.,
followed ~ still uicre cutrascou, arrest Of the
injured man, a. an al erlatiye 70 The propose
10 hush up the matter. which Mr.. BENNErr N
fused 20 DO. We gave in the drst instance, sub
stsntially, Mr.. BENSKrrs own complaint q his
suserings; but had We then possessed ii, We
shcah have used in preference. the basis Of
eur ehArgrs the disintercsted aud sworn evil
dencs to-day Published. lDiccd, We uni,r-
Sand tina, the Commissioners themselves pro-
ss~rd to H. ccmpclled to a'quit the ofh'cr
O. Mr.. RENSrr-r's own statement This
shs~s how wide the difference j. between Off
cal ard popular notions Of private rights. Tho
question Is ~, one II fact but Of P'r,'r1l shts.
II d Simply the question whether citizen LAs
the right to rmcnstrSie peacefully With 20
hcruAn &c bis official action o. inac'i'r where
saah rrmcnstiancs interiors in no way with
HE duty o. authcrity-nr whether. on the Other
hsnd. pticrmAn has the right 70 resent TO
silsnce, 10 drive away ~ violent assault and 10
psnish by summary arrest, an, citizen who pre-
sumes in any manner TO call in question the
ropriety q b. ecniue'.
The ofscisl theory Ct the ca~e. a. w are semi
esseiAlly informed, ~as that Mr.. BESNgr per
Ssted in b.. circumstances with the otFi Ger (for
sOs arrestins the man who attempted To s,ah
he SO. ih-law) after the officer hal ordered him
TO b. silent and 10 " move en-; that hence the
cesoer uss justified in showing him along AMI
the isjurics he received in consequence werc the
due rvusrd Of his own di>oleiieuce AMI that
finally Coz refusing TO hush up the mat
ter, OF for snme mHre mysterious rc1.on Of
Law, W. arr not informci-.he OH '.r lid his
duty in following up the assault with IN arrest.
Our thor on the contrary, J.. 'hi' peace
allie citizen f,clil.; ..e-ieycd in Nj, own pcr.cn
% hts neigh hv " hat be- deem, a failure of
due poli-e pro'.c'ior, a, right to- rcmou.,r,,c,
either oncc. or vi.". ~ thri.c. That il the
policeman doc- 10, Ike 20 h. demonstrated with,
be has the privilege + going about his business,
Ike anybody else; hut not thai of tagging
driving away, or Knocking doWnapt,rclul cid-
Tor mere words, offensive or o'hcrW i-c which
tend to 70 breach Of the peace. Cur doctrine
Of police authority is radically different
from that II the Commi.-iouor-. We think
tina, policeman has no more authority than
any other man, eNc,p, for the preservation Of
the peace and the arrest Of law-hrrskct, We
think tina, Il policeman f,nc.e. him-,h INSULT
ed O. f,.ls hi temper irrta,cd. he m1-' swallow
his ange- and fan lark upan h. por.o al digri-
49, A.. AZ. -. L
eiAl authority TO avencc or 90 prevent mcrc
penonAi offence TO himself is an abuse Of it
which p.oves him utterly unfit for his place.
This will he seen to lie precisely the nature
OF GALLowAIs conduct. The whole ~ den 9
unites in proving that Mr.. Bennett, who nitu.
rally felt personal interest in his .on-n.law,
danger, and the corrupt release Of the as-ailan,
made hi circumstances in a mild ami moderat'
manner, although he had rather strong
voice; " that the crowd was perfectly orlcrl
and quiet, and no tendency To disturbanc,
could be seen; that the language and man.
ners or the officer, from first to last, wer,
proiane, violent aud rufiinly in the extreme
that he pupo~ely threw Mr.. BENNETT with
violence upon the pavement; that he promised,
on the suggestion 81 abN7Lihuef' 10 caUN the
outrage no further if Mr.. BESNrrr would ages
not To complain Of him, but went on to ares
him, on his refusal thus TO compound the of
fence.
We submit that this aggravated mi,condac
Ito say nothing of releasing a pet rulian il
the face Of n group Of respectable citizens whc
had taken him in the act Of a deadly assault -
ought TO have insured GALLOWAY prompt dis
missal from the force (bcsijes criminal mlct.
menO eren i 81. EaH,n hat actually Of
Tended against Tie pace and that Mr. BEN
SKrr : conduct as it was, gave the officer ac'u
ally no excuse for returning him SO much as .
harsh word.
We have our hand, full Of further cases o
abuse daily brought 10 our notice by corrcspOn
dents.