The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-14
CLUBS AND KNUCKLES.
The Jury in Sergeant Thomp-
sons Case Disagree.
POLICE ESPRIT DE CORPS
The Brass Button Levee in General
Sessions Yesterday.
OFFICER TOWNSEND ACQUITTED.

OFFICER TOWNSEND ACQUITTED.
Judge Sutherland General sessions yesterday, and
concluded In far a disagreement oil the jury
cludes such trial There moro than obsti-
juror in tPs case however They stood seven in
favor OF acqutta to 1--WE conviction from nrst to
list
When business was resumed In the court Sergeant
John J. Taylor, in charge Of the Fourth precinct
ton the afternoon OF February IL, first
called to show the condition OF Cannon when arrested
and the station house. but counsel for the defendant
having already made Cannon his witness crossex-
animation, was bound by Cannon's own statement.
and Sergeant Taylor permitted 10 leave the
stand unquestioned. Then several witnesses werc
called to prove the defendants good character.
onl go LAMDLIxE
Superintendent waling called to testify to tho de-
fcndsnts reputation tor peace and quietness said:-
"Hs reputation tor peace and quieness good, very
good"
Inspector Thorne. called for the purpose, said
that Sergeant Thompson was man of such peaceful
disposition he inclined have him transferred to
quieter precinct.
Mr. Bell asked witness whether It the habit of
,eaceable officers to push knock down persons be-
having in q disorderly manners The question was
Guided
Inspector Dilks, next called said he always heard
that Sergeant Thompson was man OF peaceful ways.
Captain Murray, Of the Fourth precinct, said "the
general reputation of defendant peace good
order excellent"
Captain Williams, of the Twenty ninth precinct,
said 81 want better officer. l always found him
quiet, Rentlemanly and sober"
Captain Mccullough, Seventeenth precinct, had
Lrox eho ofu htorn nd kuAu
to DO a quiet, orderly officer.
Captain Edward Walsh Of the Twenty sixth precinct,
said he had known Sergeant Thompson ten or twelve
years, aud added, 'Hs has been a reserved quiet
man, not given to quarrclling striking"
Captain Garland, Twenty fifth precinct said the de-
fendnnts general reputation for peace quetness
has been good.
Captain Cherry echoed the good reputation report of
the others
Mr.. Charles N. Bracket and Mr.. julius F. Cheese.
brough gentlemen not on the force, contributed thor
mite to the pile Of police testimony In corroboraon
OF the pugisc Sergeants previous peaccable record
until the accused seemed take all the mild quail
ties OF that amiable young curato of whom Gilbert
says
He plays the airy flute,
And looks so meek and blishted.
And ambkins dance delighted.
The whole thing suggested Arcadia-a land where
which they waved to transform evil into good, but
never oh, never club the head OIL" erring fairies
withal Then the rested, with understanding
that the defence should have permission to put Justice
Kilbreth the stand to show by him that Cannon
knowledged the day after the alleged assault that he
was SO drunk at The time of the occurrence he could
not say what happened
GOING TO THE JURY
Tho Sergeants counsel then commenced to sum up,
but after the first few sentences Justice Kbreth
tered the court room and called to the witness
stand. He could not, however, recolect the crcum-
attending the making Of the complaint before
him, and the summing up went on. Counsel. who
seemed be wholly unprepared to discuss the
the Jury had offered to submit it to them without ar
gument; but Mr. Bell intimated that he would sum up
for the people, whatever course the defendants lawyer
might choose 70 pursue This dissemination induced
the defendants lawyer to speak, and his address
sort oil hasty commentary which did not present the
testimony in any new light He reminded
tho jury Of their responsibility the following way
'On you depends greater consequence than any other
OF assault and battery that could come before
81 the whole affair and had worked like a Trojan TO
bring this on He had prepared all the witnesses,
aeil Interrupted him and Judge Sutherland told nm
10 conhne himself 10 the evidence. Then the Judge
put on his hat and walked out. while counsel waded on
through the testimony. putting his own construction
upon his own recollection OF It, Soon the Judge re-
turned and resumed his place on tho bench. Counsel,
slng spoke OF the various phases Of the
renee and the scufe that would ''ncur'' on such
occasion. Commenting on Csnnon's evidence he said
that witness Tor prosecution stated he had not
only been assaulted with hook by the
driver s'or attempted TO have been done sou
but that he was kicked by the Sergeant too In such
nm emergency counsel asked what should officer
do? ''Shail he take a leather and tickle a man who
is drunk and obstructing public travelY" Then the
lawyer reverted to the position of Mr. Andrews again
ana SAID seemed to be his (Mr AndrewsD intention
to start new bureau for the suppression of police
violence. Mr. Andrews wanted to be tho hero OF
new crusade, &C. With some reference to the good
character Of the accused counsel closed.
ASSAULT UNQUEsTIoSED.
Then MIR. Boil and presented the case Of the
people in a concise and vigorous manner. police
officer he SAID has less right to commit an assault
than ordinary citizen He is sworn to preserve the
peace and should he the last to break It, This
in some sense an extraordinary account OF
the strong conflict OF evidence Every one OF eight
reputable witnesses called by the prosecution tcst.
tied that they the defendant strike Cannon from
to three blows Tho conflict exists In the fact that
the Witnesses Tor the defence that Cannon only
pushed. not struck But even on this testimony the
defendant must be held guilty. The assault was
questioned. Even tho prisoner himself admitted that
lie mad pushed down helpless drunken three
times, when no should and could have removed him
without violence IL would be hard for the jury
jcct the OF tho witnesses tor the people, To
reject the testimony he said you must conclude that
those eight witnesses camo up hero and deliberately
DEFENDANTS lawyer (interruptng)-No. str; that is
necessary.
AR. Bell ITO the C0urt)-Am 70 DO interrupted, Sir,
Judge Sutherland traising his head and gancing
sharply at defendants lawy er)--No, sir.
Mr.. Bell Such Interruptions are unbeara bic.
lRfendanps awyer-It Is unpcarabe to hear Mr..
Bell make assertions TO this jury that know are not
Judge-Now sit down; this interruption is alto
Thus projected Mr. Bell proceeded, and urged upon
the jury the strong claims upon hem under the EVIL
dcncc CONVICT
JUDGE suTmERLASD's CHARGE.
The Judges charge was brieL He asked the jury to
consider well the evidence. ''WIll that evidence he
asked, ''permt you to doubt that under the crcum-
stances the defendant justified using sufficient
force TO loosen Cannon's hold OF the horses and
Also II he drunk 10 sufficient force TO put him
on The sidewalk OF the strcetg DID the defend
onf utta I'm unIoo rui