The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-11
A Jury EndeaVoring to Find
Who John Doe" Is.
HOW PRISONERS ARE TREATED.
S:arching Cross Examination Of Justice Flam-
mer, the Committing Magistrate.
Testimony Of Police. Court Officials, Prison Keep
ers and Others.

below shows that there Is considerable fe cling
exhibited in the case, and 1t y even asserted that
an action Tor damages will be commenced against
the city by relatives OF the deceased gentleman,
no matter what the verdict may be- In the examl-
nation Of the oflcers OF the Nineteenth precinct,
where the man was locked up, the foreman,
General Sigel invariably cross-examined them as
to why they mad entered Stockvis as "John Doe.n
Coroner Kesser at last explained that "John
Doe" was merely legal term TO cover the name
Of q man whose patronymic had not been ascer-
tanned. The frst witness called was
MOSES j. MACK,
~ No. 126 East Fifty.second street, who testified
shat the night OF the Goth uls. he saw an oncer
have man under arrest at the corner OF Fifty.
burtn street and Third avenue; the ofncer asked
him to speak TO the man; asked him what
the matter; he did not answer; my brother spoke
to him in French, German and English and he
made no answer; he pointed up the avenue as If
he wanted to go that way: my brother said he
thought he was a Swede; he then left; he did not
inter ineligible words; he was smeared all over
his face with blood; had no iT preston that he
was drunk; thought he might be sick, and
tnought 1t act Of charity for the ofncer to
take him in; when the ofncer addressed
me he let 60 his hold of the man, who stood
alone and seemed to want to get away; he did not
act like drunken man; saw no crowd; did not
see him walk alone, but he stood alone If he had
snelled OF liquor would have considered him
drunk, no matter II he had taken some as medicine
to strengthen him: did not consider him physi-
calIy capable OF kicking anybody.
MISS JULIA ROTH,
ONO. 22s East Thirtieth street. had Q CONVERSE
ton with Mrs. Mast, or Second avenue and Thr-
tieth street. who Keeps drug s,ore she said
man, very weak, came in, speeches. ana she
thought he was going 70 die; she sent up stairs
for doctor, who gave him something; men.
toned these facts to the family Of Dr.. Hirsch she
said she thought the man Stockvs, described in
the HERALD, was the one who had been in her
store; th(t he was perfectly sober.
SERGEANT ROBERTS
was then sworn-He took the Fifty.seventh street
desk at midnight OF the goth OF February;
witness examined the entry in the blotter and de-
scribed the additions be had made to Sergeant
Hamilton's original entry, whom he relieved Ham,
ntOn stated to witness that there was man In
the corridor whose name he had not gotten
meantime witness called the roll, and ne thinks
Hamilton went down; Hartmann. the oflcer, re-
ported that be could not get his name Hamilton
saId the charge was MODIFICATION and l put IL
down; sent Tor On1cer Grump; arraigned the
prisoner before the desk at thIrty.nve minutes
past twelve; one OF hts arms was linked with one
Of doorman McCleary's; the onncer asked him ques-
lions and he seemed to speak, saw some thing on
his coat looking ike vomit; he seemed somewhat
lrowsy; he held on 10 the railing; should consider
he had been under the influence of liquor; he did
Aot walk steadily; was feeble; vomiting Is not q
necessary symptom OF intoXication; questioned
him during the night but could get othing out
OF him; he refused to answer; have been on the
force fifteen years; only on one or two occasions
have made the entry OF "John Doe - some refuse
early In the evening, but we afterward get their
names; sometimes they get so much whisKey IN
that they wont say anything; was relieved by
Sergeant Hamilton at six O'Clock on the morning
OF the 21st; the deceased had mark on his nose
in the majority OF cases q man Will get sober in
Jour or five hours; ne was cared for and made az
comfortable as possible; mad ne shown any lndlca-
ton of sickness we would have sent Tor doctor.
Witness vas here crOss-examined Dy the fOre-
man, General Sige. a. to why he entered the
man as "JOhn Doe"
Witness was further questioned as to the practice
OF conducting business at the desk, In the way OF
relieving ealing roll, &c. 1t Is in the discretion
OF ne sergeant IN command to send iOr surgeon;
there are no special rules on the subject; il they
err in judgment there are other means OF reaching
him the police surgeon Is subject 10 CALI as
general thing he calls daily and luspects the
building; he Is accountable for the sanitary con.
dlton OF the house; he must treat prisoners and
officers free OF charge when called.
To General Slge-t Is not the habit to sentence
man Tor six months unless he Is confirmed in.
citrate.
TO the Coroner-I made the entry OF intoxica.
hon between twelve and one had no occasion
TO make any further charge than intoxication;
had been aware that he had been dlsOrderly l
would have added that charges only learned
that he was intoxicated
DooRMAN M'CLEARY,
Of the Fifty seventh street staton house. stated
his duties IN the station house, asserted that he
betrayed signs OF intoxication; ne was before the
desk ABOUT ten minutes; saw nothing taken from
him except some money and olacking; he could
not support himself; he was put back and was
quiet; ne hung his head; ne was not dsorderly at
ton did not anybody nurt or maltreat him;
had seen hundreds OF parallel cases in his expert
enCe.
CAPTAIN J. J. MOUNT
OF the Futy-nintn street police, JAILED to identify
noticed an arnce in the sun; | entered the sta
ton house about hall. past eight; there met Or.
derangeG and missing the Doctor lett a'd descrp
ton at my request; the Doctor SAID 81 would be
sonse he think let II h amy reman
there iii morning. 1 instructed the sergeant If
entry on III. botter is in The discretion Of the the
sergeant; 1t can be altered in the morning by the
OFFICER FALLoN RECALLED.
l MADE thorough search Of The man and found
only 81 o. and two boxes or blacking; did not ind
sergeant Roberts trecailed) stated that the
practice IS Tor the general alarm to read 10 the
Officers; that rule was complied with In this CASE
JUDGE FLAMMER
took the stand. He SHOWN the photograph Of
the deceased, WHICH he recognized. He Saw him
Sunday morning, the list, when grralgned,
when ne adjudicated upon forty or nifty cases
could not recall the case without the aid OF the
books now produced. (Witness here explained |
she entries In the oooks.) The impression made
upon my mind at the time that the prisoner
was without nome; gained the impression that
be was dIsorderIy from the oncer and from his APP
pearance which was that OF man who had
been intoxicated and was recovering from a
nebauch. witness here detailed his usual mode
Of procedure In oil this kind, and stated
that a temporary commitment 10 usually sent
down to ENABLE the officer TO get ON his post; the
1ull commitment takes the place OF the temporary
one; " an examination is demanded longer
hearing is given; here the original record on the
books was produce0, and 1t showed that the man
was committed, in default Of $500 bail TO keep the
peace to the WorKhouse y the justice described |
his effort 10 get tue mans name thought ne
might DO oeaf SO had paper and pencil gwen to
him.
Coroner Kessler-was there something in the
conduct OF the man that led you to believe there |
was something wrong2 A. l rave had cases
before me often where persons refused to answer
questions.
Coroner--You thought you did all in your power
70 ascertain the name ano residence oil the gen.
tlemanY DID you ask him to respond TO the
cnargef A. the officer made the charge; the
prisoner did not.