The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-28
POLICEMEN AND PISTOLS.
Belief of the Average Omcer In His Right
to Shoot Suspicion.


to Shoot ON Suspicion.
To THE EDITOR OF THE HERALD
Islt not about time In view OF the recent muir.
ders and attempts at murder by policemen in tho
unlawful use OF deadly weapon, that the au-
thorty OF these men were more strictly defined
and prescribed in conformity with established lawt
1t has been urged, from time to time, when
homicide has occurred from either the careless or
Intentional use OF such weapon by the private
citizen, that the law forbidding the carrying OF
the pistol by the citizen should be inexorably and
universally enforced, even at the risk OF his SUI
ferng great bodily harm or loss OF lie IN sudden
and extreme emergencies. We all know that our
police force includes some OF the very worst ella 3
Of men. Ignorant, rude. quarreiso.ne, and even
Men WAC have just the least possible acqualn-
lance with our insntutions; men who are
comprehend the laws which regulate their duties;
thieves, harborers and cOlluders with thieves, are
boldly asserted to be common among their num-
Der. And yet such persons are placed hlgh'above
the citizen whose lie and property they are ap-
which are denied to the citizen himself unuer ALI
it seems to me that something must be done in
the interest OF the community to protect The
rights OF individuals and insure their safety from
insult, bodily injury. and even death, at the hands
OF these armed ruf1ans. What multitude Of our
citizens, men and women could tell OF insults, I'M
pudent and unnecessary intruslOns and all manner
OF ruthless treatment by scOundrels now on the
force, who are constantly making the name OF de-
cency. justice and personal security Odious! Shall
the citizen be allowed to cal ry the pistol now
DEFEND himself against the Outrages OF the pOicet
Or shall the policeman be man or average intel
lect, cool and sober, with preparatory training
which snail give MIN an adequate notion OF the
authority with which ne Is entrusted and partcu-
larry with regard to his duties in the use Of MUIR
derOus weapOnY
have taken some pains to learn from police
men and from men who are now applying Ior posi-
tions the to their ideas OF the duties OF
the once with regard to weapons, and If sucn rs
have interviewed are fair sample Of those now
OF the subject Is simply internal. One man. who Is
expecting TO be replaced In the position, actually
believes that the mere suspicion which may get
into the mind OF OF these guardians OF the
citizens llfe' would Justify the shooting down
party suspected. even though he had stolen only
loaf OF bread. No matter, OF Course. wnetner the
suspicion were reasonably founded or not, nor to
what extremity OF starvation the supposed cuiprit
may have been brought, provided only the oficer
had ordered him, stop thief" and he had re-
fused.
This man believes that no innocent man will ever
scare or run, and that, therefore, he is guilty.
Truly, here Is way OF dispensing with the expense
and yexations of trials by jury and the services OF
the Sheriff as hangman
Let the community look 10 u.
NEW YORK, FEB. 81, 1874.
Right OF Policemen to Force Open Doors
The Law rs Understood by an Old
ORcer.
NEW YORK, Feb. &c. 1874.
To THE EDITOR OF THE HERALD
Holding position in the Police Department ana
knowing something Of the duties Of policemen,
was surprised to see in your paper remark, said
to have emanated from Superintendent Matsell,
that the officers who entered the premises in
which Mcnamara lived had o lawful right to do so.
i pronounce 1t most wanton outrage and
bungling act OF police duty. In the first place,
policeman has no right to enter house BY forcing
door unless by virtue OF q warrant except when
pursuing person or persons who have committed
a felony and who have entered the premises when
IN the presence and In view OF the 0ncer pursuing
him. Now we will see in what manner the detec-
tlves sent by Captain Irving did their duty. le
seems they were informed that certain criminal
would be found in the apartments OF MS mistress.
At best this was only hearsay evidence, wnicn ala
force a door, particularly at such an hour In the
morning. 1t was not necessary even so TO DO; Tor,
upon such evidence, 1t was their duty 10 nave SET
a watch upon the premises until warrant could
a watch, the criminal could not have escaped, II
he had been on the premises. Then Win the war
rant. they could have entered the premises IN due
process OF law.
After visiting the premises OF the crimlnal's mis-.
tress, and not finding him. they, without sufhcieht
and lawful grounds, iorcibly en- cred the premises
of The unfortunate Mcnamara, and IN so doing
committed murder. Their excuse for so doing IS
That they thought the criminal was there. mere
suppositi0n Is not sufficient grounds for an oicer
force any doors OF the apartments In said building
win sucn evidence as they possessed, unless "
warrant, and II Mr.. Matsell or Captain irving
directed the ofrcers to do, neither they nor tue
among the or1cers Of the department In regard 70
making arrests that IL Is q wonder that we 90 NOT
have more oil such sad occurrences: our,.
CHARLES CATCHEM.