The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-13
SUPREME CoURT-aENERAL TERM.
A Convicted Clubbing Policeman Seek
ing a New Trial.

Before Judges Davis, Brady and Daniels.
Patrick Slattery was tried in February, 1873. in
the Court OF General Sessions upon an indictment
for felonious assault In striking David Helm with a
club with intent to Kill him, convicted and SEN
fenced TO State Prison for seven years. Tne facts
as developed ON the trial showed that the accused
was a member OF the Municipal Police force. and at
the time of the assault was on duty patrollng his
post. lie met the prosecutor, who was q stranger
to him, and, as the prosecutor swore, without any
cause dubbed him over the head several times
with a ponceman's club, cutting and causing Sc
rious injury 10 his head. The accused on the other
hand, swore That the prosecutor was acting in
suspicious manner, and That upon arrestlng him
he resisted and assaulted him, whereupon he
used his club IN defence OF mis- person and to effect
the arrest. Sattery l. now In state Prison serving
ont ms time. His counsel, Mr., Vim. +. KintZIng.
thought that the facts warranted an appeal from
the judgment u the Court and ne accordingly had
the case carried TO this Court, where 1t up
argument yesterday on the appeal. Mr.. kintzIng
made a lengthy and iorcible argument, stating,
with great clearness ana succnctness, the grounds
upon which ne asked a new trial. lie animauverted
severely upon brutal policemen wno upon very
slight provocation. and often none whatever, made
vi olent use OF their clubs The present however
he insisted was Inherent case, and that the vo.
lence used was wholly IN sell defence and therefore
Unsuitable. The points of ms argument, IN support
OF which he cited numerous auth0TlLes. were that
the Court erred In not charging the jury that they
coad coavc Cue VI an ~ Sau
lily narm - that the Court also erred in refusing 70
charge the Jury "that before they can convict the
prisoner OF an assault with intent TO XIII they
must be satisfied upon the evidence that had
death ensued the prisoner would be guilty OF muir
DER In the second degree.n and that the verdict
was against the law and the evidence. A lengthy
reply was made by District Attorney Phelps, VINO
insisted that the verdict was most Justiha0ie
one and as an example and warning 70 policemen
given TO brutal use OF their clubs upon citizens
whom they arrest. the penalty was none too Sc
we're. The Court took the papers. reserving It's
decision.
The Cases OF Henry w. Genet and will
liam j. sharkey.
Considerable time was occupied In this Court
yesterday discussing the cases OF the fugtives
from justice Henry W. Genet and william J.
Sharkey. In the case OF Genet who escaped be-
fore sentence was passed on him, Judge Daniels
has refused to sign the bill Of exceptions because
OF the escape. motion has accordingly been
made to this Court for a mandamus to compel him
to settle and sign the bill In the case OF
Sharkey, who escaped after sentence OF
oeath nau been passed on HIM ana the
win OF error Issued no return OF the
evidence mas been made from the General
SESSIONS, and District Attorney Phelps moved to
DISMISS the writ OF error. Both motions were ar
eueu toyetner, the point involved In both being
.ne sanc Mr. Phelps claimed that. though the
PONY was new In this state, the decisions ~ Maine
ani, and IN unreported the
prisoner had evaded the IurIsdction OF the Cart
nc voulu not De heard by attorney 10 ask a new
Ulal aho that the prisoners being out of the ia.
rlsdicuop oi tne court the granting OF new trial
MAI Of trial. eq asa9y Iooi snd s, ,ae s ae
prIsone. would not be present to receive sem
tencc, on behalf OF the prisoners IL was argued
that though they we're W contempt IN court they