New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-10-23
LOCAL MISCELLANY.
OFFICERS TRIED FOR CLUBBING.

OFFICERS TRIED FOR CLUBBING.
POLICEMAN FLEMING AeRuGNED ON COMPLAINT
OF CAPTAIN WILLIAMS WHO Is ACCUSED OF THE
SAME OFFENCE.
The trial of Officer Thomas Fleming. Of the
Tventy-ninth Precinct Tor Clubbing, ii is alleged
without cause. Charles H. Smith, of No 81 Willow
place Brooklyn. in Madison-sQuare at the military
review of October IL. was held before Commission
ers French and Wheeler at Police Headquarters
Yesterday at noon. Captain Williams. on whose
complaint the officer was arraigued was present.
The charge is conduct unhecoming an officer, ana
the specifications state that Fleming struck Smith
on the head with his club without any provooaton.
giving him a scalp wound.
Officer Fleming. IN reply to the charges, said:
81 was showing back the crowd and using my suck
i'm dong So when | accidentally struck the man.
am sorry for it. for didn't mean to hit him. he
man was IN front. was driving HIM back, ana IN
swinging my club hut him by accident. ana NOT
strike anyone else. have no other excusei II was
done Just in that wav.'
In reply 10 the question whether smith hau reP"cu
tohim when told TO 40 back, Fleming nj hrst saio
that he Thought Smitl said. "I will go back whsh
GO, rsadv mt he afterwaId admitted that he had
no nositiye recollection of such an answer. fenlhg
said that he had no witnesses. a., $50
Contaiu w lhams testified as folows: u" saw
Officer Fleming strike the blow With backward
motion of the right hand. did not see any cause
for II. and did not think II was intended saw l.e
man who was struck. and saw that he fell the cuects
of the blow | took him 20 tue hospital was
about ten feet from Officer Fleming At the tllne l
told him thar II was wrong, ana that tn3uE'. nc
Lao no right TO strike the man. The blow was
not very hard. but made scalp wound ABOUT three
quarters of an inch in length. small artery Mts
cut and it bed freely Inc man wn% was st,,c
was not ia tine front row when the oulccf slIuVh
HIM. When saw him he was somewhat pack-u"'
." C"mn,iS,ioncr French asked if there was much
difference in the height of Smith and once
Fleming. The reply WAS that Fleming was muC"
the taller; ....,., S.,;.,. with q side and
backward motion oi hIs cluht'
Csp'S,n Williams answered that the wound was
npon the side of the head. just above the ear ana
In Tcpiv H. Commissioner Wheeler, question IL
tho crowd was disoider.v al tne time me Wlin'SS
replied: Ii had become somewhat so WINE W'llnt
Tor the parade. IL frequently rushed INTO the
snuare and had 10 be driven back. lie added that
H. was very short of policemen az the time, mere
being only 1876 men allowed for the purpose ol t'k-
ing care of a route which required al least lVo men,
There being no Other witnesses, the Ilai was thch
ended. ~ -,
one bronrh. against officer Fleming Yesterday. be-
cause n was made first, and he Commissioners had
decided To Try hun on that complaint. ~ he can
not be tried twice for the same offence, the com
plaiut of Captain " illIlns bars that OF Mr. Whit
church before the Board Officer eming returned
60 auty after the trial.
Waling with notice OF his trial for clubbing SMITH
upon charges brought by samuel Nmtcnurch. yes
len lay morning. This trial viii take place Octo-
b. 20.
miss lners Yesterday. John Seymour, a clerk IN
Harlar 4 Bros printing house charged Otncer Col
Inns v p clubbing hun without ptoVocation a. he
St on t. nisht of October Is. Officer Coilln~s de-
fence hat the complainant had been shNlalh-
ing" and ,hat he 'lu>t gave him tap 10 make ana
move on" Mr.. seymour said that the tap made
his side sore for four days.