The New York herald., 1869-09-07
THE ALLEGED POLICE OUTRAGE.

They Positively Deny Assaulting the Emil.
grant-Medieal Testimony.
Captain Petty, Of the Fifth precinct, and quite
number OF the men attached to his force also the
two doormen employed in the station house, ap.
peared at the Coroner's once yesterday morning to
give their testimony in the case Of Jacob Berke,
the German emgrant alleged to have been
prutally beaten by three or four officers
without pyovocation. 1t viii be seen by
synopsis Of the testimony given below that
all the witnesses positively deny clubbing BerKle as
he sets forth In his statement heretofore reported.
DR.. NeaIis, OF the city Prison, who examined the
wounds OF the injured man, ls Of the opinion they
were inflicted by some blunt instrument.
Captain jeremiah Petty, OF the Fifth precinct,
testified that at the time of Jacob Berkes arrest for
inroxicaton, on the 27th ult, he the Captaln) was
out OF town. he always gave orders that no prisoner
should be cubbed and more especially in the station
house, and feels satisfied that the Inspector under
him would see his orders carried out in that respect
Thomas Bell an officer Of the Fifth precinct, de-
poses to finding Berkle sitting on the curb stone
corner OF Hudson and Franklin Streets with his feet
in the gutter he was In helpless state Of ntoxca-
ton; he was unable to walk, and on rising fell down
again; officer Allen coming along at the time as.
sisted In taking Berkle to tho station house; on
reaching there the prisoner was laid on the floor;
as he was unable to speak English German
interpreter was called In to assist In taking
his pedigree; the prisoner was then searched
and $2l 60 taken from him ami given
TO Sergeant Deshay then in command Of the station
stairs aud locked up In cell; the witness did not
again sec Berkle till eight O'Clock the next morning.
when he took him to tho Tombs, before Judge
Hogan, who ordered him to be taken to the prison
physcian from the time OF the arrest up TO the time
of having him in the TOmbs the witness used no
club nor did he strike the prisoner with anything,
neither did he see any other person 40 so; when ar
rested the prisoner had no wounds on his head or
body; noticed next morning that his head was
James Robinson, doorman OF the Fifth preclncs
station house testified that he saw officers Bell and
then being intoxicated; the prisoner was taken
down stairs alter obtaining his pedigree; visited his
cell every half hour after ten O'Clock; saw wounds
on his head, and the witness denies that he struck
him, and saw no one else do SO
Oflcer Christopher Allen c0rroborated the state
The evidence Of Sergeant Niles De Shays in charge
Of the station house at the time OF the arrest, shed
no new light on the subject.
cnct deposed that on the night Of the 27th OF All
gust he was on duty ct ten O'Clock; the prisoner
Berkle was one Of the men IN his charge; between
three and four O'Clock the next morning heard
loud noise coming from OF the cells, and on making
an examination found Berkle acting like crazy
man butting his head against The cell door and
walls reported the matter to Sergeant Christie then
on duty; the witness got the keys and went down,
prisoners cell he conducting himself in frantic
manner when the witness opened the cell door
Berkle jumped at and seized him by the throat; try
ing to prevent his escape from the cell the
witness seized Berkle and they both fell
on the floor; the sergeant came to the
violence In SO doing. On getting loose the prisoner
rushed past both the doorman and sergeant into the
corridor, and in his flight ran his head against the
glass door In the corridor, which half shut. He
seized the framework and held on to it for some
time. In endeavorng to get him back Berkle broke
from the officers again and forced his way TO the
main cellar which stands across the yard, and struck
inside the corridor door. but found 1t Impossible
to get him inside his cell; from the violent manner
he went on the superintendent told the doorman to
let him loose and he would go up sairs and procure
further assistance. Berkle then PICKED up an iron
poker and rushed around the corridor with 1t In his
| man Buddington and officer Jacobs; they got hold
OF the prisoner and tried to get HIM in his
cell; the prisoner turned upon ana seized ofilcer
Jacobs by the coat and pulled him down; while
| he was holding the man down, officer Budd,ngton
IN the cell, and witness locked the door; at six
O'Clock, =. NJ, the witness looked in the cell and
saw blood on the foor brought the prisoner ont to
| the hydrant and washed his face and head;
then noticed wound over his right eye
a wound on the right side OF his head, which bled
| freely; made compress and stopped the bleeding
and gave him some water to drink, after which
| placed him in different cell: he appeared weak
from the loss Of blood; the witness did not strike
| the prisoner while In his charge.
Sergeant Vim. T. Christie corrohorated the state
ment OF doorman Rogers In every essential pmtlcu
| lar.
W. T. NealIs M. D., City Prison physician deposed
that Berkle was admitted to the TombS on charge
Insanity; the Doctors attention specially directed
to the prisoner as his head and neck were covered
with cOagulated blood; his hands were livid and
swollen, showing that violence had been used; ht
was very weak and pale from loss of blood. aud
walked lame finding he could not speak English the
doctor called an interpreter who told HIN the pris
oner stated that he had mistaken. the
place where he had been beaten for q
lager beer saloon where he entered for the purpose
of getting beer; that they then tried to get
money from him, TO which he Ob)ected, and on that
account he was beaten by four policemen; the do--
tor subsequently made an examination and found
three confused wounds of the head-one ON the
forehead, the others on the top Of the head; both
hands excessively swooep, livid and some abra
sfons on then the left arm the doctor found sew
era lvld contus!ons, very large on the elbow
the lett leg, from the hip to the foot, was also
marked by several contusons; on the breast large
confusion was found; over the stomach was large
lvd ipatch which he said was done by the police
man putting his foot on him; the doctor had Berke
sent TO the Emigrant Hospital, as ne did not come
under the charge OF the city authorities; In the
Doctors opinion the above described wounds were
caused by come blunt instrument by which the
prisoner had been beaten.
Owing to the absence Of several witnesses the
further investigation OF the case was adjourned tll
tomorrow "wednesday, at eleven O'CLOCK.
EXTENSIVE g0HElDETCE 0plRiZE0Ys.