The New York herald., 1879-07-29
BRASS BUTTONS AND "B[LLIES."

A case of unprovoked and unmerciful clubbing
was brought light in the Tombs Court yesterday.
Timothy Hayes. twenty years OF age. of No. "a
Rose street. has been engaged for about eighteen
months private watchman for Patrick DIVERS
liquor saloon, No. New Chambers street.
he is broad shouldered. quiet in his man
and of peaceful disposition. He
led into court as the prisoner of Officer Tim
othy OLeary. of the Fourth precinct. who is forty
years of age. six feet high and powerfully built.
The charge was disorderly conduct. Hayes clothes
were sprinkled with blood. his head bandaged. the
forehead above his left eye terribly swollen and dis
colored his left cheek cut and swollen his right
shoulder black and blue and stiff. SO that he could
hardly use his and his left arm. tho elbow.
showed deep cash. as If from the thrust of knife.
O'Leary said:-"Ihis insulted woman this
morning in New Chambers street. near the News
boys Lodging House. When demonstrated with
him he made an effort to knock me down. / did not
touch him with my club. cannot say how he came
to be so badly cut and disfgured.'
The blood oozed down Hayes face from beneath the
bandage rs he took the stand and said:-"I saw
well dressed man asleep for some time in New
Chambers street. and called the officers attention to
the danger the sleeper ran of being robbed. The
officer grew very angry. called names. and struck
me a number Of blows about the head and body
with his club"
L
Company No. II. of No. 261 William street. testified
that he had the whole occurrence. and
borated Hayes statement. He saw him dubbed
times; this he was positive of.
Justice Wandell said: :-"I will not entertain the
charge against the prisoner Hayes you are dis
charged. Officer, cannot say how greatly disap-
prove Of what appears to me to have been your
provoked and unjustihable assault on this terribly
beaten man. Hayes make complaint against Officer
O'Leary and will entertain it,"
Hayes did so and the magistrate committed O'Leary
for trial for assault and battery in default Of $500
bail.
KILLED WITHOUT CAUSE.
Fireman Roche said to HERALD reporter:-"I
saw the whole affair. and 1t brutal and cowardly
A man lay asleep on the stoop of No. New Cham
bers street. The officer stood the way.
Hayes went to within ten feet of O'Leary and said
quietly y:-'Ofacer. there's man asleep there;
hink you had better wake him up OLeary an
swered savagely. I'll wake you up. you
Mind your own business With that he ran to
where Hayes stood and dubbed him about
the head and body from to ten times.
I am positive it was seven times at least. Hayes
did not fall citizen crossed the street and said to
me. That is brutal clubbing; the man must be an
to stand it like that Hayes made resistance
whatever. The first blow Hayes head
and knocked his hat off; the second over his
to ward off the blows. and the rest on the body.
O'Leary. beside this punched him in the face"
HAYES ACCOUNT.
Hayes said to the reporter, 'I standing out
side OF the saloon this morning when woman came
along and asked to show her street across town.
OLeary was on the other side of the street. said
to him. Here's woman who wants to go across
town. Thatll do he answered. mind your own
business. She went away. OLeary remained on
post. then approached him a second time and said,
There's an old man lying down on the stoop OF
No. Z. He has been there for two hours. You know
the morning. To prevent his being robbed think
you ought to wake him up The attack followed
On the way to the police station he SAID. 4 would
have done the same thing to my own father. He
wouldn't have got it, had always been BEEN most
friendly with him. In the station house the
the surgeon asked me who had beaten me badly
I said. The officer OLeary then cooliy
reading newspaper and never looked up. / am not
am now. When OLeary struck me ! Cried
II you'll stop III 90 quietly to the sta
hit me another terrible blow. O'Leary is q hard
drinking man. saw him drunk in the neighbor-
getting liquor every night in the saloon while
duty. HIS enmity to me must have been caused by
my refusing any longer to give him gin every night
We once rivals in the peddling business, but
thought he had any ill-feeling toward me. 1
have known his family and himself for some time"
Mr.. NJ W. Bowen, in the employ of Mr. Knox, the
halter. for seven years. said last night have
to his good character. 1 have him get !
angry. even when greatly provoked
ARREST BUT DON'T CLUB
Officer George c. Frost, OF the Eighth precinct is
regarded with pride not unmixed with envy. by his
fellow members of "the finest. When he was at
school he could. ii is said. crack the skull or the
dummy" every time. 1t was not, however, upon
dummy that the officer tried his skill yester-
day, but upon the body OF grocer doing business
on the east side. The grocers name s Edward Sui
livan. He was walking through Grand street. be-
Sullivan and varick. and ut the of the
latter thoroughfare was confronted by the massive
frame OF policeman.
where are you going?" asked the officer.
The man looked surprised. but said nothing at
tempting ut the same time to pass his questioner.
himself in front The question was repeated. and |
this time Sullivan said he was going home.
You'll go back the way you came" exclaimed
the officer. threateningly.
The grocer obeyed but scarcely had he gone
three steps. his back being turned to the officer.
when the latter SWING his "billy" through the air |
and planted 1t on Sulvans body. saying ut the same
time
ARREST me- replied the man. "but don't club |
back and with both his hands fell upon Sullivan,
knocking him down. BY this time crowd had /
gathered and several citizens expostulated with the
officer.
.'what is your NUMBER asked one gentleman.
The officer turned sharply around but did not say
u word. His hand sought his shield aud he kept !
that emblem of authority covered. His hat was
tilted back his head, so that it was Impossible to
see the number upon it, The citizens request,
however, seemed to brighten him. lie evidently did |
not intend to arrest Sullivan but allowed him to 20
away. suddenly, however, Frost started In pursuit
OF the iuan, and grabbing him by the arm led him
to the Eighth precinct station house. The people
on the line OF march seemed to be very much sur
prised at the arrest and several uncomplimenary
epithets were addressed to Officer Frost charge
OF being drunk and disorderiy made against |
Sullivan, which he emphatically denied.
A SINGULAR MISTAKE
Timothy Curtin of No. 2Ol East Forty-fourth |
street, yesterday out warrant in the Fifty
seventh Street Police Court against Officer Flood Of
the Twenty-hrst precinct, wnom he charges with
clubbing him N brutal manner without provoca
ton. On Saturday last he saw Officer Flood and
Officer Phillips, the Nineteenth precinct trying
lett fhn rnprn ltr.
nue. and Forty-f street. lie went up to help tho
officers, but Flood thought he intending to
rescue the prisoner and struck him twice upon the
head with his club. Curtin also lodged complaint
ut Police Headquarters during the day.
BEATEN WITH A LOADED CLUB,