The New York herald., 1879-07-29
BRASS BUTTONS AND "BILLIES."

A case of unprovoked and unmerciful clubbing
was brought to light in the Tombs Court yesterday.
Timothy Hayes. twenty-eight 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
was led into court the prisoner OF Officer Tim
othy O'Leary. 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 his arm and his left arm. tho elbow.
showed deep cash. if from the thrust of knife
O'Leary said:-"This man insulted woman this
morning i'll New Chambers street. the News
boys Lodging House. When demonstrated with
him he made an effort to knock me down. 1 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 IS he took the stand. and said:-"I saw .
well dressed asleep for time in New
Chambers street. and called the officers attention
the danger the sleeper of being robbed. The
officer grew very angry called me names. and struck
me a number Of blows about the head and body
with his club
James +. Roche fireman attached to Engine
Company No. II. of No. 2G1 William street. testified
that he had seen the whole occurrence. and corro-
borated Hayes statement He saw him dubbed seven
times; this he was positive Of.
Justice Wandell said 81 will not entertain the
charge against the prisoner. Hayes you dis
charged. Officer. cannot say how greatly disap-
prove Of what appears to me to have been your un-
provoked and unjustifable 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 $500
bail.
KILLED WITHOUT CAUSE.
Fireman Roche said to HERALD reporter:-"I
the whole affair. and 1t brutal and cowardly
man lay asleep on the stoop of No. New Cham
bers street. The officer stood the way
Hayes went to within ten feet of OLeary and said
quietly :-'Ofacer. there's asleep there;
tn ink you had better wake him up OLeary
swered savagely. Ill 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 seven to ten times
positive it times at least. Hayes
did not tall citizen crossed the street and said to
me. That is q brutal clubbing; the must be an
OK to stand it like that. Hayes made no resistance
whatever. The first blow Hayes head
and knocked his hat OFF; the second was over his
shoulders. the third his when he raised it
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 II standing out
side OF the saloon this morning when a woman came
along and asked to show her a street town.
O'Leary on the other side of the street. said
to him. Here's woman who wants to go across
town. sThatll do he answered; mind your
business She went away. O'Leary remained on
post then approached him second time and said.
There's old man lying down on the stoop OF
NOT. He has been there for two hours. You know
what class OF people are around at this hour OF
you ought to wake him up The attack followed.
On the way to the police station he SAID. L would
have done the same thing to my own father He
wouldn't have got it, 1 had always been most
friendly with him. In the station house the
geant ordered me to the hospital. When got there
the surgeon asked me who had beaten badly.
/ said. The officer O'Leary then cooliy
reading newspaper and never looked up am not
a drinking man. was sober when dubbed
am now. When OLeary struck me / cried.
III you'll stop. III go quietly to the sta
hit me another terrible blow. O'Leary is a hard
drinking man. saw him drunk in the neighbor-
hood last Saturday. He had been in the habit of
getting liquor every night in the saloon while on
duty. HIS enmity to me must have been caused by
my refusing any Longer to give him gin every night
We we're once rivals in the peddling business, but
never thought he had any ill-fceling toward me. l
have known his family and himself for some time"
Mr.. NJ. W. Bowen. in the employ of Mr.. Knox. the
halter. for years. said last night have
known Hayes for nine years. 1 testify on oath
to his good character. l have never seen him get
angry, even when greatly provoked"
ARREST ME, BUT DON'T CLUB Me-"
Officer George O. Frost, OF the Eighth precinct. is
regarded with pride not unmixed with envy by his
fellow members of "the finest" When he at
school he could. it is sad crack the skull OF the
q dummy that the officer tried his skill yester-
day. but upon the body OF grocer doing business
on the east side. Ihe srosers name is Edward Sui
tween Sullivan and varick. and ut the of the
latter thoroughtare was confronted by the massive
.where are you gong?' asked the officer.
The man looked surprised. but said nothing. at
tempting ut the same time to pass his questioner
himself III trout. 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
when the latter SWING his billy" through the air
and planted 1t on Sullivans body saying at the
time
Il would arrest YOU for two pins"
ARREST me-" replied the man. but don't club
me-"
This seemed to enrage the officer, for he drew
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
that emblem OF authority covered. His hat
tilted back his head, that it was impossible to
zee the number upon IT, Ihe citizens request
however, seemed to brighten him. lie evidently did
not intend arrest Sullivan. but allowed HIM to 20
away suddenly. however. Frost started in pursuit
OF the man, 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
prscd at the arrest. and several uncompmentary
epthets addressed to Officer Frost. A charge
OF being drunk and disorderiy made against
Sullivan, which lie cniphatically denied.
A SINGULAR MISTAKE
Timothy Curtin. of No. 2Ol East Forty-fourth
street. yesterday swore out a warrant in the Fifty
the Twcnty-hrst precinct, whom he charges with
clubbing him IN a brutal manner without provoca.
tion. ON Saturday last he saw Officer Flood and
Officer Phillips. the Nineteenth precinct, trying
to arrest n drunken man at the corner ot Third
and Forty 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
at Police Headquarters during the day.