The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-14
r.,A,s At POLICE HEADQUARTERS.

q Case from the Fifteenth
n......-rs. Dangers Arising from .
r,s..Ee m Ident,, "a Respectable cisi-
s.v.r.Iv C,.,nn., without Provo
eatlon-Taii swearinS-., -
--and Smith Fan i'm with A. CI,,n.
Her Novel Mode OF Warfarc-IN Go
Finally yanquished by a Lack 49,
oline, &c.
A somewha, remarkable case, showing the o"hse'e
sana A. ar,s from mistake in identity, was before the
BOARD q Police commissioners yesterday g@en Ts s.
PheAn. very respectable appearing young man, resid
p at 20 Fifth street. with his parents, was the com
panant and officer wenhold OF the Fifteenth precinct,
the defendant Mr. Phean stated that be went out OF
his house half past ten O'Clock in the evening, at
the request OF his father to engage carriage for
young lady, who leave the house at early hour
the following morning. AS he proceeded up Lafayette
place officer wenhod came behiud him, seized HIM by
the collar and, after exclaiming 've got you struck
him with club the shoulder He turned TO ex
plain ofcorha he had arrested the wrong man Out
before he could do the latter struck him on inc eao
and fecd him TO the ground He then taken 10 'he
station house and locked up nigai ana uhe next
morning brought before Justice Dodge who discharged
him once and reprimanded the officer Tor CLUBBING
the complainant
Cuizea Thomas II Chambers stated tina, he saw the
was wrungfuly accused that he went witp him TO the
st,on house and subsequently, hIs fathers residence
and I'M ormed the elder Phelan Of his sons misfor-
aunes II was fully proven by several witnesses that the
younr man had been cut Of the house the entire
evening half past ten O'Clock, and that he had not
been absent hall hour before his father was made ac
quaintsd with the fact Of ms arrest
-DHcCr Weinhold a stout German. weighing over two
hundred pounes standing six feet in height
was led make defence for his actions He
stated that he patronp his post on Lafayette place
on The night 10 question and saw complainant asleep IN
nal ne SIN IN II m 10 IN II
sleep there, complainant replying that he would
sleep where he damned pleased that he (Wenhod told
bin to of OF he would arrest him complainant reply
ing in the most ab isve and prciane language and even
threatening him with personal violence; that he then
gave chase for him, taking ms eyes ot him in
any losing sight OF him. that he finally overlook
him and that upon his attempting 10 make the arrest
complainant caught no of hIm and he struck him with
his club across the shoulder That complainant SUI re-
sisted and endeayored 10 wrench his club away when he
him with il on ie head and then took him 10 the
stai on house.
Louis Werner of ll9 ST Mark place. who stated that he
passing through Lafayette place. and saw the officer
and complainant talking together, complainant using
<otane and disrespecuu language; that he heard the
officer tell him TO 60 home complainant refusing 10 do
Clizen Werner further stated that he saw complainant
when he from the officer that he followed
them both and lost SIGHT OF either Of them, and
certain complainant the man President Acton
requested the witness TO look at complainant again. ana
that complainant was the identical 1t shown
by other witnesses that man about the size OF com
painant but dressed in light clothes was on the officer
beat night OF the arrest and that it he who
away The theory established by all the evidence
was that the officer saw man whom he believed
pcous character that he gave chase 10 him, lost sight
Of him fol- moment, and that he happened 10 turn
sharp corner and jump into some secure place at about
the time that citizen Phean was quietly proceeding in
similar direction 10 the one the officer supposed the
rogue had taken he being about the same size the
offender and the officer being doubtless excited, he
mistaken for the other and harshly used The
fault committed by the officer clubbing the young
without aiording him any opportunity for expana
Lion In fact, be should not have used the club in the
manner ne did upon rogre even, and President Acton
informed him Notwithstanding the mass Of evidence
showing that the young man could not by any possibility
have been the one pursued by the officer yet the latter
and his witness citizen Werner, could be
eed Hon. John ncKeon appeared FOR the complainant,
and there a large number Of the young mans
friends in court including his father and mother Nj
McKeon remarked that if policemen 10 club Cit.
any such manner as this then Of
safe and be did not think such WeiIhod should
I've allowed 10 carry the locust President Acton said The
Board would 10 il that zens protecsed far
AZ possible from all such oetraees. Decision in thc
s reserved
The case Of officers Rreakoll and Smith OF the Six.
tcenth precinct produced no little amount OF merrment
Captain Hedden Of the Sixteenth precinct, preferred
charges against these men for clabbing woman named
Carr residing at No 3O4 West Seventeenth street III
Captain stated that had been informed THAI Mrs Carr
so III from the effects OF the beating 10 be unable
H. appear at the T sefera Witnesses were called out
none OF them seemed favorable TO Mrs Carr On the
contrary, they her very bad character Neil Bell
good natured looking OF the Emerald Isle, stated
that be had some difficulty with Mrs. Carr, which result
cd IN her cutting him IN The bead with an axe
Breakell 10 arrest her, but he was unable
TO do Witness nothing about the woman being
dubbed however though he tad heard ste bad been.
Several other testified TO her abusive character
but present 10 the time o! the alleged club
hing Some Of them heard blows struck however and
afterwards she bad severely injured by the
officers Upon the officers being allowed a hearing,
BreakeIl stepped forward and said he was pairong hs
post the night Of september q, when he was called
70 arrest the Carr for assautng the witness
Bell, with axe that when lie went into the room he
wac astonshed to find Mrs.. Carr strapping woman six
feet two inches height and broad proportion that
his first salua,on from her rop pot, which the
Amazon SHE'D at hls head, and, Selling the poker, de-
:. glnred war against him and the entire department.
it, deeulng prudence the better part OF vaor he
treated nd WATCHED Tor the woman thinking she would
soon come out che did not do so he reured and made
n charge on her hut was coon vapqnished, the
sending him vollcy Of fiat irons, coaeepo's, Old files
and sundry other articles that ne then went out ana
went in together Tho finding further resistance
useless adopted another and rather novel mode Of
sonue and hen dare N Qsss 70 take IS Trough
abe streets In a nude state This being out Of the ques
toD they allowed her TO remain until the next day
As TO the clubbing he acknowledged striking her on the
and about the BODY, but said be did not hit her on
tho head With regard 70 her being disabled 70 be
unable 10 appear court officer Breakeil said he could
show by all the witnesses present that the had
boon several fights since the time OF the beating
Here man named McDahan stepped up and on being
sworn said the In tight only two days ago,
and that be present and saw her beat some women
DO had he said this than the women witnesses all
broke out in chorus that they also had seen the woman
the occasion referred to- and knew her 10 have been
Ia three or four tights snce the alleged clubbing The
manner IN WHICH the Witnesses gave theu WM
most ludcrous The officers evidently thought they
had not themselves acted Just right in the premises
Breakell SAID he a the force, and when
he called Smith supposed the superior experience Of the
latter would help him out but sad he, y woudD give
cent for Smith In scrape Smith desired to inform
the Commissioners that he had similar opinion relative
10 Breake and that he would not Give three cens for
him. President Acton informed them that the public
expected them TO be worth thousand dollars year
each THIS concluded the Dot OF the fifty sixty
occupying the attention Of the Board for the entire
day the two here gwen were the only Q; public
interest
Return Of Colorsd Troops TO wassaehu-
sets.
Snrt