The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
THE TABLES TURNED.

A POLICEMAN WHO APPEARS AS COMPLAINS
10 ANSWER CHARGE OF ASSAULT AND
BATTERY.
Among the prisoners arraigned before Judge ALI
broth yesterday morning, n tho Fftyseventh Street
Police Court was Patrick Hornon, tin roofer Ny
trade, who resides ;, No. 766 Third avenue. The
charge against him was one OF assault. and battery.
preferred by Ocer whalen. Of the Twenty-nrst pre-
ciuct tho sworc Hernon struck him IN tho lace
without provocation about one o'clock yesterday
morning. In Third avenue, near Fiftyscventn street.
..Can speak ?" said tee prisoner; "bocause am
the party who assaulted and have hole In the
back of my head now where one officer struck me
with his club, ana / have three witnesses to prove
what say" 8H4
Hernon, who Is q respectable looking young mau,
about twenty -four years OF age was Al once given an
opportunity TO tell his story He id:Judge, last
night was picnic In terrace Carbon left thoro
with three friends about O'Clock, and when came
out on the walk this officer standing outside the
door He was In c,t,zens clothes and did not know
that no was officer who he was. thought ne
wan led ~ 60 IN and said, Young follow, here's
pass :; handing him one. Hc sara ! donv go IN on
than you have gonc IN on ''skin." have myself,
somet,mes' We then left him ana went down
Third avenue, toward Fiity-scventh street. no fol.
lowed us and came up 70 US u few doors below tho
corner. Ho asked mo II mad that pass yet ! said.
Yes A lew words followed, and the nrst thing
knew got blow IRON him In tho mouth. l put up
my hands, defend myself and got another blow
from a club the back OF the head and tell on the
sidewalk
Alter this statement the Judge questioned Onncor
Whalcn closely. and also Offcer Donneily. tho ono
who SAID 10 have struck tho prsouer with his club.
Both admitted that thoy were therc In ctizens'
clothes, as they wore watching Tor u girl who had
robbed a house In Thirty eighth street. whom they
thought migat DC NJ the plcnlc Oicer Whalcn stated
Hernon aud his friends cao JOstiing along tho
walk, that Hernon handed the pass, and when nc
refused lake u said, "Wil you take mash Ia tho
nose ~ That Hernon his friends thon crossed the
street and called out from the opposite corner,
s.Come nero and IN mash youln "rhen,o said Or.
1ccr Whalcu, III crossed the street aud Hernon
struck in tho mouth ana l struck back Ha
friends commenced to Interfere and pulled out pis.
toI to use club. Officer Donnely then ran up,
and, seeing ms struggling with Hernop, hit him"
0liccr Donnely acknowledged clubbing the pris-
oner, but SAID no Thought his companion (Whaenl
II danger.
Henry Flynn, OF No. SO ST Marks place. clerk;
Wnnam Marks. butcher Of No. 45l West Fifty sec
ond street, ana Thomas Novs, oil No. S4S Second
nue., ali intelligent and respectable looking young
mon, testined that they were with Hcrnon NJ the
aud bore out his statement IN iulI. Tho magis-
manner IN winch ,ney gave u, and he said -.As far
| soc, tins seems 10 most
gross outrage on private citizen. Such mon
as you ought not 10 DO countenanced on the
police force, any Official capacity. From your
own showing, whalen cvon II your side OF Inc story
DO true, you, guardian OF tho peace, Took the
trouble TO the street 10 break ana there
seems excuse Tor your conduct. am ~ willing
yours brings dIscrcdt on the whole lorcc, and you
ought TO DO punished"
The Judge tnen directed Hcrnon TO mako a charge
OF assault and battery against Omcers Whaien and
Donnciy, ana they we're held 10 $500 bail each 10 an
swer al General Scss ous. Tho bail furnished IN
the afternoon. Hernon was honoraoly discharged.