The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-14
OFFICER TowSsENp's TRIAL.

OFFICER TowNsEND's TRIAL.
Ofncer George A. Townsend, OF the Twenty second
precinct arraigncd tho bar yesterday by Assist.
ant District Attorney Lyon in the Court of General
Sessions, Part Judge Gldersleeve presiding charged
with having, the 18th OF June last violently as
sauIted Edmund Cough, a shoemaker, with club.
The prisoner, who defended by Mr. William f.
Kintzng, wore his uniform and was surrounded by
several members Of the force. He Is a tall muscular
man, with full beard, the complainant being quito
dlminuve in stature. In reply to Mr.. Lyon he
fed that on the day in question he in the yard
OF his house. No 52l West Forty-third street;
his little daughter brought in piece OF
wood which she had found in an adjacent
unfinished building; she followed by Waterman;
the complainant averred the then entered
commenced clubbing him without provocation,
striking him once on the arm he was warding off
blow, and that he subsequently dubbed him on the
way TO the police station. he further testified that
the effect Of the punishment thus received ncapaci
tatei him from labor for period OF three months he
denied having In any way provoked or assaulted the
officer. His testimony corroborated to some
extent by three nremep, named Patrick j. Byrnes,
William }. Noble and Patrick HanIon, who stated that
they were attracted 10 the scene the day in Ques-
ton, and on looking up the aeyway that led
into the yard saw the accused clubbing
down there was another man holding officer named
Jefferson, but no subsequently got away; Cough also
with club. Margaret Harnet and Louisa Reiny also
testified that the unIustinably assaulted
and brulally treated by the accused. and that he
neither quarrelled with nor resisted the officer. In
nation by Mr. Kintzng the witness Harti-
became somewhat bellgerent toward the counsel,
who succeeded In showing her to be lady of the
most amiable temperament
THE DEFENCE.
In his defence the accused testified that he
standing at the corner OF Forty Tenth
avenue, IN company with Roundsman Coleman, when
man notified them that fight was in progress in the
Ph mn nh hn nj adas and
found the complainant ana the private Waterman
quarrelhng about the possession Of piece
and that both Immediately set upon him.
when the complainant struck him with stick
until he had been hit by the complainant aud said he
only used the requisite force to HIM to the station
house. The witnesses further stated that this
OF the worst neghborhoods In the entire precinct and
that on tho night previous he was compelled drive
the complainant away from Fortythrd street for his
ds0rdery conduct. He further testified that the
painant resisted him and kicked him on tho way to
the station house. Ocer Jefferson corroborated this
statement, no having been the spot tho time OF
the Frederick Snyder also testified that
the complainant struck the officer. Mr.. Knitting
called several witnesses, Including Captain Ward of
the Twenty-second precinct, Captain Clnchy, OF the
Thirteenth precinct, and others, who testified the
good character of the accused. who had been men,
Der oil the force Tor eight years Mr. Kintzng then
made q vigorous address behalf his client,
tending that the character OF the complainant and the
testimony OF the witnesses in MS behalf not
as ought to justify conviction.
The Assistant District Attorney In his reply which
was brief and 10 the point, submitted that the
must be treated like other case and that the
point 10 be determined was whether the police officer
at the bar had used more force or violence than
necessary in performing his duty.
THE JUDGES CHARGE.
Judge Giluersleeve then charged the jury. He said
the evidence would not warrant conviction the
1rst and second counts OF the Indictment namely,
assault with intent to KILL OF assault with intent
TO do bodily harm, the weapon not OF
character that would readily produce death. Alter
briefly reviewing the evidence and pointing out the
law bearing on the question at issue, Judge Glider
sleeve went on 10 say that this q that de-
manded careful consideration, because It was ono OF
more than ordinary Importance II was important
because tho police force should be protected and
not exceed their power and authority, and when
they exercise the power and authority which
they possess in decent and UNSUITABLE ner. Tho
safety OF tho community requires very largely that
this encouragement should De extended 10 them. 1t
gives them courage in times OF difficulty and affords
them satisfaction IN the discharge Of their duty whom
they are right for, although at times they are CON-
PEELED TO use violence, they should nevertheless be
sustained in their acts On the other hand inc people
must be protected from the acts OF unreasonable officers
who exceed their power and authority. The uni
form should be no safeguard against discredable
unjust1able acts. When they offend the law they
equally guilty any citizen who may happen to
The sides thus presented and 1t for the
jury to determine what the facts were, the accused
being entitled to every reasonable doubt.
ACQUITTED.
The Jury then retired and after hours delbera-
ton returned verdict OF not guilty. whereupon Officer
Townsend was discharged.