New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-02-19
TRYING A PARK POLICEMAN.
uc1NERNEY AND MCDONALD ILL AT EASE.


McINERNEY AND MCDONALD ILL AT EASE
TESTIMONY AGAINST rHEM-PEoPLE WHO THOUGHT
scuwARzLER WAS INTOXICATED.
Park Policeman Matthew McInerney and ex-Park
Policeman John McDonald sat next 10 LAYER
and INDUCED i'll frequent whispered consultatops
With him. but that aggressive confidence IN thelr
fOm looking and ill at ease as the evidence
was unfolded on which 1t is sought 70 CONVEX
them Of assaultng aud r0bb1ng Joseph SChWdIHler
On the evening of December 10, 1885. The court
room was well filled, and the blue and gray uni
formsof Municipal and Park policemen were huIn I
GUS Assistant Dstrict-Attorney ,feIlowS wltu-
sisms more th an parted Mr.. Howe's pugnaclty.
, When the case was resumed Assistant District,
Attorney NicoIl recalled Joseph schwaIzler and
In sight from the time of the assault until tney
arrested and SO was sure th&t hey t te
silver which he charged the prisoners with steal
ing from him i'll change for $40 bull. Some -ot
the money he had spent before reaching the scene
MIR. Howe then assalled Mr. Schwarzler with
multtudnous questions as to w,when ana Where
he had expended money on the day OF the alleged
assault. But Mr.. Schwarzler answered every ques-
ton readily and could not be entanged IN any CON
tradlctIons, although MIR. Howe worked so hard TO
accomplish it that ne perspired freely and seemed
TO be having worse time of it than the witness:
Policeman James C. FergGson OF the 70 c%eS S
sd %Sp Of pI fhsvs he aa@ 3s ss
by Probationary Officer, McEnsOl., Mcdonnell
was standing on the park wall and sehwaTzler
pointed him out as his assailant Inc wlC 0aes
twice ordered him to come down before ne com
piled At that moment Mclnemey, who was
standing about fifteen feet distant started on
Schwarzler grabbed him and demanded that ne De
arrested ALSO The witness then clntched Mclner-
ney and asked him what his number was as ne
wore the gray uniform of the park police: he 9er
hat the figures on his shield were 1922 Fer
guson then described SchwaIzers battered e0nui-
hot ha ka1 =
th T a sawmiil5 He told of McDOnald's state
ment at the police station that he was park 20.
the Park Arsenal. Private Waterman, Jacob
Voelber. who had followed close on the neeis OF
Ferguson when the cries for help were heard, cor
roborated his testimony. He saw nobody running
away while he was Fastening TO the scene OF the
assault. ,,- ..,,,4 ,;,.;,o
at No O33 Flfth-ave had left his house when ne
heard the rapping of the policemen's clubs. ana
witnessed the arrest OF the prisoners m va rs
thought him drunk, but he afterward changed his
mind about that. =, Il.
ton when Schwarzler and the prisoners were
brought there.
Mr.. Howe.-You have made many arrests for drunken
force haven't youi
Ronau.-Yes. III. ....,.
Q.-And have had them convicted by police magis-
Tnen we Mil 0 you o an saS tSst seSwarzer
intoxicated or not when lie had the priSoheFs ar
restedi Ale was sober
Mr. Howe's countenance fell and the prosecution
decided that it was good place to rest their case.
Mr.. Howe recovered himself and moved that the
charge of robbery be withdrawn from the consldera,
ton of the jury. Recorder Smyth promptly denied
the motion. Then Mr.. Howe, opening for the de-
fence, promised to prove that the prisoners IKE
the witnesses called by the prosecution had been
drawn to the place by Schwarzer's cries for help
The first witness called by the defence was Ser
geant Nelson HarndOn, of the Twenty,tnlrd IRE.
cInct. 1t was expected to prove through him that
Schwarzler had said nothing about robbery at the
police station. But he testified that when ques-
toned as TO what motive the prisoners would nave
had in assaultlng him Schwarzler had replied: -
don't know unless IT was to rob me-, ana the
charge entered on the DlOtter was assault WIN
intent TO rob-" ,
Park Policeman John Murphy at the Arsenal
Station when SchwarZler and the prisoners were
brought in He thought Schwarzler was intoXl-
Gated.
Colonel Felows-Dd you detect any Of the fumes OF
LIQUOR about him A.-So
.Q-why did you think him intOxica'edf Ale
Colonel Fellows made the witness acknowledge
that ne had walked a long way beside the prisoner
and had helped him into a street car but stll ne
him"
Odd you ever meet man who was Intoxicated
without smelling the liquor npOn hint A-fes-no!
Mr. Howe then examined the witness as TO the
how one man might "walk straight aud still be
drunk and and another man might talk straight
and still be drunk.
Colonel Fellows-Dd you ever man so drunk
that he didn't smell Of hquori Al won't answer lhaV
question.
Nearly a dozen butchers tailors and laborers and
street railroad superintendent testified to the
good character of the prisoners
Sergeant John w. England, Of, the Park Police,
thought that SchwarZler was decidedly under the
influence of liquor" when he entered the Arsenal
Station.