The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-20

A YOUNG MAN CHARGES POLICE oFrICEB
WITH AN uSPEovoKED AssAuar-AS ESTIRH
FAMILY BEATFx

YOUNG Man CHARGES POLICE oFrIcEs
WITH AN UspnovoKEp AssAuar-AN EsrIRs
FAMILY BEATEN.
Francis X. q. White, VINO works In Colwell's iron
works on Eleventh avenue between twenty skin
ana Iwenty-sevenih streets, complains OF being
subjected to grave outrage by one OF the ctys guar.
dams On sunday night, he states he was on his way
home when he CHANGED TO meet friend OF his named
Cummings and another young with whom he IL
not personally acquainted He going 10 CoIwsiI's
foundry In the upper portion OF which Ee sleeps and
had stopped on Tho corner OF Eighth avenue and
Twenty fifth street TO part with his companions when
a policeman appeared coming the avenue ia
their direction, who sooner eyes the group
than he hurried up to them. sect of TINS corncr'
observed this suavo patrolman, adding u couple Of
other expletves OF ungentc char cter, and then,
clulchiug his club he struck White with the
face and jostling him into the middle OF the street,
flung him upon the car track. When the young
recovered he hurried TO his home. whore his father
insisted his gong AT to tho station house and
Identifying MS ass'lant when tho men passed boz
forc him White singled out Roundsnan Gouldiug and
charged him with beng his assaliant. but when the
latter stouty denied the charge he seemed TO wavera
little.
Next day White obtained The services OF counsel
aud took measures 10 proceed against Gouidlng but
that officer It is stated assured his accusers repre-
sentativcs that he was innocent oil the charge. bus
could produce In court the guilty person. Yesterday
by Captain Aairc and otnor officers o. the precinct,
among whom was Patroiuian Kelly. Tire latter VS.
standing close TO Goulding when tue complain
ant appeared, ana both had full view
Of Quo another. Aftor a moments observatiun
White turned aad said, ~ wrong before.
II Wac not Roundsnan Gouldng who struck
Tue who did ~ ~ standing there" The case was
then called and the compla stating positively
that G0uding was not the offender, had that officer
discharged and by Judge Duny exoncrated from all
blame. He and Kelly were then confronted, and .
closer scrutiny seemed to confirm hs earlier reco--
milton. al was ~ doubt" he said. "whcn identified
Koundsman Gouldng, aud Your Honor account
for hat when you mat he has some resemblance
to Oniccr Kelly. But now am fully convinced ana
here swear positively that Officer Kelly Is the man
who assaulted me on sunday night. IL may seem
strange tnat did not Identity nim in tie station
hut IL belief that lac didn't appear on the
line there at ALL
Kelly his part examined his accuscr from top Ia
toe and teen said with OF conviction that to hn
knowledge he had never seen The young man IN tht
oil MS hlc 10 this dilemma another
witness called to the stand This was Cummings,
VINO sunday night had been present nj the moment
OF the assault His evidence confirmed whites story
On the Courts asking II he would swear to keliyi
Identity hc declined TO do but sad that TO tue best
OF his knowledge his recognition OF him was CON-
piete. Counsel for the complainant here stated chat
ne had a further proposition to make to remove any
room Tor doubt Let The other witness who bcheld
the assault, but who had not appeared ia Court, DO
taken TO tho Sixteenth precinct station house when
the men were beng turned out and let him deter
mlnc whether Kelly was tho assaiIant or moi There
and was finally concluded TO hold further inves-