The New York herald., 1867-03-20


The Metropolitan Police Commissioners in compliance
With the resolution of the honorable the Senate dated
1Arch IL, 1867, requiring them TO transmit 10 the
esnate copy Of their General Order No. 49, and re-
port particular reasons alleged by the superintendent as
having influenced him to issue said general order,
specuy report that on the receipt OF said resolution
luton TO be delivered to Superintendent Kennedy to-
Qether with resolution OF this Board directing the
Superintendent to report to this Board his for
issuing the general order referred 10 in the said rcsou
zion OF the honorable the Senate.
In compliance with the said resolution from this Board
superintendent Kennedy has transmitted to this Board
written statement OF his reasons for issuing the said
general order; The said written statement, containing
copy OF said General Order No. 49, is hereto annexed
Al OF which is respectfully submitted
By order Of Board or Metropolitan Police.
THOS. G. ACTON, President
The following is copy of the order referred to:-
GENERAL ORDER NO. 4S0
OFFICE OF SUPERINTENDENT METROPOLITAN POLICE,
800 Mulberry street, N Y, Feb. g. 1867. I
When 1t becomes unsafe for q member OF the police
force to faithfully perform bis duty lest by doing he
expose himself to insult and degradation it also becomes
the duty Of the executive officer the department TO
exercise his authority for the protection Of tho men
under his command.
Two patromen already been committed to prison.
on frivolous charge OF assault and battery made by
Aquor dealer whom they had arrested in the proper dis
charge OF their duty for violation OF law and this
course having been taken under the advisement OF
person who recently appeared counsel for liquor
dealers society," is presumptive that similar course
y intended 70 be pursued towards all other faithful
offcers.
Wherefore, until further orders you will refrain from
taking or sending any persons under arrest before Mr.
Ae may preside in the character Of Justice OF the Peace
for examination or commitment
The Twelfth, Nineteenth, Twenty.hrst, Twenty
twenty third Thirtieth, Thirty first and Thirty second
precincts will send all persons whom they arrest TO
these headquarters at all times when it is known that
Justice Connolly presiding at the Fourth District Court
for special orders to the they shall be taken be-
fora When any other justice holding court the
.
Why Superintendent Kennedy Issued the
Above Order.
OYncn SUPERINTENDENT METROPOLITAN POLICE
New YORK, March 10, 1857
10 THE COMMISSIONERS OF METROPOLITAN PoucE:-
In compliance with your resolution Of the 14th inst
respectfully submit the accompanying copies Of aida-
vis Of members and ex-members Of the police force %
containing statement Of Of the conduct and lam
guage Of Justice Connolly Of tho Fourth District Police
Court, which led to issue General Order No 4So The
thirty arldavits submitted herewith selected from
about fty OF similar import, embracing only portion
f the that could be presented This number, how
ever seems SUFFICIENT TO show that proper regard for
3ust administration Of the criminal laws and for the pro-
aecton and support Of faithful officers And members Of
g force in the discharge Of their unpleasant duties re
qared my part such action would protect them
fr a. Il was possible rom continued insults and threat
II Is. suppose. proper for me to add that nothing
sher than the frequent repetition Of the course Of
Auct and Of language set forth In these several a
1aviis covering as they do period exceeding six years
= Duration Influenced 70 prepare and issue the order
- question. submit that such course Of treatment
q the officers and policemen calculated TO ntimi-
aate deter and prevent them from . performance Of
With offences to persist in their illegal conduck In or.
Or that the points presented by the several adavs
nay be more readily comprehended, summary Of each
The aadavt OF ex policeman Philip Lowenthal tdocu-
ent Az shows that November TO- $780, the pairolman
3aged deadly strfe each had the other by the hair
With hand while with the other hand one was using
= weapons Of attack on each other when separated
they were both severely wounded. The policeman ar
rested both parties and took them TO the station house.
with intent 70 kill Whom taken In the morning before
Nr Justice Connolly, and the case stated BY the officer
Of crosscompant by the prisoners, the Justice pre-
vented tho complaints from being made by threatening
90 send both prisoners Backwels Island they
should mako any such charges They Of course declined
% make the charge Thereupon, turning to the officer
who, at hazard TO his own safety, had probably
snyed a least one NE the Justice him FOR
making the arrest and for interfering all in family
quarrel when not called in by either Of the parties 70 the
may: His emphatic words were :-You had no business
prisoners will you for false Imprisonment will do
my best TO assist him In the suit II they meanng the
Rrisoner viii make charge against you for assault and
Parolman Roger Judge in endeavorng to protect the
quies resident Of nus patrol beat from the
some OF the windows. on June 1s6S found II neccs-
Ay 70 arrest man named sweeny, who persistenty
sessed the efforts Of the officer TO dsperse tho crowd
Document b. On taking his prisoner before Justice
CONNOLLY he made proper charge of dsorderiy conduct
against the prisoner whereupon the Justice discharged
tks accused and addressed the officer in these words
s'what right had you, sir, to arrest this mans have
or any % other on hs.
committed and tried for misdemeanor."
PAtroman John Keirns arrested VIM. Smith on the
q wSe making ne two men %1neS e
1savorsd to rescue the prsoner Kerns called assist
Tcy were taken before Justice Connolly and The proper
charges made against EACH when he promptly discharged
ssm aa ~ Seen there II would % % havs rescued s the the
nan from the hands Of violence and censured the
Iolesmen for making the arrest 90 soon howcver, as
was laid before The Grand Jury, when Smith was in
asc.sd for the offence. and on trial plead guilty.
twenty second precinct command. arrested Henry
1rsmer for committing an assault and battery his
He took him before Justice Connolly and made the
esasary complaint The Justice forthwith discharged
che prisoner and threatened 70 lock up the policeman
The affidavit OF Sergeant Burns document ~ shows
shat he obliged 10 arrest drunken schoomasler
August o. 1895, for being drunk and disordery When
taken before Justice Connolly the following morning,
and the charge made the prisoner was released without
evidence Of the drunkenness being produced and the
yustco rcprmanded the sergeant making the arrest
asserting that tho sergeant was not on duty At the time
and had right or authority 70 make an arrest which
aaDeron unwarranted In law aud directly at vari
ancc With the instructions OF the Board OF Police.
The anldsyits Of pa,roman Charles Humphreys and Of
patrolman John Irving documents and G show that
n one caso February s. 1906, and In the other,
April L. 1885, they made OF persons for reckless
" throwing dr and rubbish the Streets in violation
q city ordinances and took their prisoners before JUS
ce Connolly where they made the necessary complaints
In each case the prisoners were discharged, but the
ecers reprimanded II Is easy 10 what would
bs the natural effect OF this the offenders and
Of them repeated the offence ON the same day He
again arresed by pa,roIman Irving, and being de-
tained until the following morning was taken before
another Justice no held the accused for trial
During a strike OF the car dJivers OF the strcet rail-
roads sergeant John T. Wright, on April IL, isoe had
charge OF squad Of men TO preserve the peace In the
vicinity OF the sixth Avenue Railroad depot; II became
were hootnQ and Yelling discourage drivers from
doing their work. Document HI Several OF the most
borous Of the gang refusing 20 be quiet aud desist in
arrested and taken before Justice Connolly. Proper
charges made against tho offenders BY the sergeant
when the Justice informed him he had no business TO
make the scss every man had right 70 yell and
boot as much he pleased, that u was no violation OF
hw m hts court, that Metropolitan law might DO TOT
police hcadquarers but that u would not SUIT him. He
then dscharee the nrIsuneYn and further Teprmanded