The New York herald., 1879-10-23
CLUB AND SHIELD.

THE CASE OF POLICEMAN FLEMING, CHARGED
WITH CLUBBING CHARLES SMITH, HEAHD BY
THE BoARD-DECIsIoN REsERvED-cAPTAIS
WILLIAMS NOTIFIED OF HIS TRIAL ON THE
18th INST
Patrolman Thomas Fleming, of the Twenty ninth
precinct. who. it is alleged. brutally cubbed Charles
H. Smith, on the 18th inst on Fifth avenue. near
Twenty-fourth street. while the latter was look
ing at the review of the National Guard
by Governor Robinson. appeared before Com
missioners Wheeler and French. in the
trial room at Police headq yesterday
morning to answer the charges preferred against
him by Police Captain Williams The court room
was crowded. but the young man who was assaulted
was not present. When the called the Cap
tain and the policeman stepped up to the bar and
were sworn. The specifications then read by
Vincent Clark. the clerk OF the Court. and i'm
mediatey after Captain Williams deposod
that they correct. Fleming was then
called to testify in his own defence and
said:-'I was showing back the crowd. and in doing
struck Smith with my club. am sorry for it.
because did not mean to hit him. 1t was done
accidentally
With this explanation Fleming closed his case.
and was about to step down and out. when Commis-
sioner Wheeler took up the cross-examination by
asking:-
'Was the man in the front rowT'
'In the front row-yes; was driving him back"
replied the officer.
"And in swinging your club you hit him by acci.
dent?' was the next inquiry made by the Commits
soner.
Eyes, SIR"
"Did ..D you hit any one else?'
'Jus1 BY ACCIDENT"
"That is all your excuse?'
"All. II was done just in that way. All by acci-
dent"
do you let your club fly around in that way when
you are on patrol duty?'
"That will do" said Commissioner Wheeler, and
Fleming, who appeared to be very nervous, was al
lowed to take a back seat
Captain Williams was recalled aud examined and
In answer to o question explained that he the
oiliccr strike the blow with backward motion of
the right hand and in his opinion he did not think
that 1t was meant. He the who received
the blow and noticed that he felt tho effects OF it.
Chow far were you from the officer at that timer"
asked Commissioner Wheeler.
'About ten feet. told him that it was wrong.
and that he had no right to strike tho man."
answered the Captain
"Was the blow hard one?
"No. sir but it made scalp wound about three
Gu, and on that account the blood flowed freely"
"Was Smith in the front row?'
"When saw him he was pretty we'll back not in
the front row at all"
Commissioner French. who up to this time had
taken but little part in the proceedings, re-
leved his colleague. and the cross-examination
continued.
II want to know" he said Tho height of the off,
Ger and his victim. and how he could have struck
the the top of the head with a sideway back
ward motion Of the club?'
"Floning." said Captain Williams. "was tho
taller OF the two, and the wound not the top,
but on the side of the head. near the ear
WAS THE CROWD DIsoRDERLY?
"Was the crowd disorderly?" inquired Commits
sioner Wheeler.
''It had become somewhat disorderly while wait
ing for the parade and people who were rushing
across the square had to be driven back. had only
1876 men to cover route which required at least
Fleming. on being recalled. was asked by Com
missioner Wheeler "Dd you tell Smith to ges backY'
II did,"
"Did he any reply?"
Fleming, who seemed to be dazed, first said.
'Smith said that no would get back when he was
ready" but o second after recovering himself he
said that he had No recollection of hearing Smith
make any reply.
"Have you any witnesses that you desire to have
examnedY lie asked
81 have not" said Fleming, in low tone.
fhis case is closed and referred to the full Board
for their decision" exclaimed the Commissioners ss
they arose from their seats.
wHIrcHURcH VS.. WILLIAMS.
Immediately after the trial OF Officer Fleming Cap
tain Williams left the court and proceeded to
superintendent Walling's Office where he served
against him for clubbing Charles II. Smith. The
charge Is MS follows-
To Captain ALExASpEn S. wILLIAas:-
AGAINST 70. :. tho Beard Oar. Of Police Of the Police Depart
flo in the office of the clerk of tho Bosfd ut No. 800 Null
hereby notified required the said charges
in accordance with and to in the required by tho
rules and regulations for the of tho police
force You Will also take notice that trial said
a Do To S held at w na %
nd is viii as
ordered BY tho Board until the trial Is concluded:
5. q. HAWLEY, Clerk.
OCTOBER 20. 1879.
To THE BOARD or PoLcE OF rnE PoLicE DEPARTMENT OF
CRY OF NEw YORK;
hereby charge Alexander Williams captain In the
police force OF the city of Now York Ia command of the
Twonty- ninth precinct, with conduct unbccoming
oniccr
SpecifcatonIn this, to wit. tho 18th of October
inst Twcn street. the sido of Fifth
avenue in said city, without any cause vocation
assaulted Charles II. Smith and struck him blow
with his club and did not arrest him.
GEORGE W. WALLING, Superintendent
After the document was handed to him the Cap
tain smiled he sat down to read the lawyers COM
plant against HIM. When he had finished he made
no remark. but taking up pen wrote on the bottom
of the document filed ut the Central Oiice:-
admit due personal service of copies Of tho
above complaints, charges and no tce OF
trial. ALEXANDER :. WILLIAMS,
Captain Tw enty ninth precinct
ttONLY GENTLE TAP"