Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-09
TIE CHARGES AGAINST OFFICER CAR
ROLL

Yesterday at P. N. the Board of Polica
Commissieners met in tie Police Court room.
and began the examination Of the charges OF
oppression and official misconduct preferred
sg,inst police officer J. j. Carroll by R. E.
Martin and John Harkins, the two men ar
rested short time after the burglary OF the
store Of William Eberhardt, on K street,
which occurred about O'Clock on the morn
ing of February 1st. The testimony OF Mar
tin and Harkins was to the effect that they
had but recently arrived in the city, Martin
being a resident Of Copperapolis, Calaveras
county, and Harkins a resident Of San Frar-
cisco. Tue former was en- route TO Shasta
county, and had stopped over in Sacramento
for few days to take in tie town."
The latter was q b3rkeeper, and vas IN
search Of work The two formed an &C.
qusintance in front of the Western Hotel early
in the evening previous to their arrest. One
asked the other TO take walk, which they
did, going to several houses OF Ll.fame,
among other places visited. they evidently
held out well, for after o'clock in the morn
ing they were found on Second street., be-
tween K and L, by the three ofhcers-Csr-
roll, Farrell and special officer Msy-who had
answered the call OF the police whistle after
the burglary of the store They insisted they
were not intoxicated, although they "had
been drinking al they wanted to" They
were taken into the Veto saloon, on Second
and L streets, by the officers, and Carroll took
a pistol from Martin, which was in his front
pants pocket, the handle protruding. They
both claim to have been roughly treated by
Carroll while being searched and on the rOsd
to the station-house, and after their iDcareer-
alton they were treated by the same ofiicer
IN a 'sneering and insulting manner.
There were several persons brought to the
station house the next day for the purpose Of
Identifying them, among them being young
man named Dolan, and they were brought
out for exhibition" AT the time Of the
arrest Martin told the officer that he had
friends and relations in the city, naming
some members of the Assembly and others.
Harkins stated that detective Brissell had
been brought to his cell while he was in
prison, and that Brissell identified him as
" Whistling Dick, and said 50 | know YOU"
They both testified that they had not been
above Fifth street during the entire night Oh
which they were arrested. Martin "disre-
membered" many of the details of the arrest,
but Hsrkins was very positive.
Patrick Leavy, night Waterman at the Po-
lice Station, testified to locking the prisoners
up at the request of Carroll, and said he
HShE0 EU 'lh5utbiIS VI uHCDuESCDu5 1SGss QdeS
used towards the prisoners by any one
William Eberhardt testified to the burglary
Of the store, and.said he was sleeping in the
rear and the breaking of the window awak.
ened him and he arose 10 time TO see man
reach through the window and take two pig-
tolls. He described the man as wearing o
white hat ard black coat, which answers
the description of Martin, one of the men
arrested.
X. ). DolaD testified to meeting two men
on Sixth street, and positively identified Mar
tin as enc of the men, but that Harkins was
not the other that he came to the Police
Station with Carroll and identified Martin
ct that time Carroll did not say word to the
prisoner that he had been attending the ball
at Armory Hall on that evening that Mar
tin had pistol in his hand when he met the
two men on Sixth street.
Detective BIissell, whom Harsins said be
had been recognized by as 6 Whistling Dick"
testified that he did not go with Carroll to
identify either of the men, and never saw
either Of them before, nor was he in the city
while the men were in prison.
James Dwyer, proprietor of the Veto So
loon, testified to the circumstances of the
men being brought into his saloon, and said
the officers did not use any slurring or abusive
language so the prisoners, and ons of the off,
GERS showed one of the men his star and said
he was responsible.
Special officer May testified to the arrest of
the two men, and said he remarked that they
were not the men that officer Farrell said,
"Well take them in anyway" that there
was no insulting language used by any of the
officers toward the men arrested; that he
told Martin it was none OF his work.
officer Farrell stated that no offensive Ian.
guage was used towards the prisoners, and
haE h. ftrrro1 aud Ma, d. h.
That there was no personal feeling of any
kidd against the defendants. but that he, as
well as Carroll and May, were trying TO do
their duty ard ascertain the gull; Y parties.
Officer Carroll then made statement. Did
not know the defendants, and could have no
personal feeling against them was trying to
do his duty; never used any insulting Ian
guage toward them, or either of them; re-
lisd upon Dolan's testimony upon the guilt
of one of the parties; thought he was doing
right In making the arrest the case was as |
much in the hands CT the other officers as in
his never searched the defendants only |
took the pistol away told them what they |
were CHARGED with showed them bis star,
and gave his number; the custom is to report
such cases upon the "smsll slate" until |
formal charge is made; did this did all |
the custom required.
Not g single witness who was examined.
excepting tne Two conpiaIDanVsi Iestlueu TO
any "sneering" or Insulting" language be-
ing used by any of the arresting cfiieers, or
any misconduct of any kind
The further hearing of the case was then
postponed until / P. N. to morrow.
Martin appears to have changed his mind
in regard 70 going TO Shasta county, for he
took the afternoon train to Stockton, Al
though there are two attorneys on each side
OF the case, it would seem from the testimony
60 be waste of time TO present any argument
before the Boerd.
f. X BAuER's CAsE-Yesterday morn