New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-25
A TYPICAL TAMMANY BRAVE
AN INCIDENT IN THE LIFE OF Ex-ALDER-
MAN JAMES BARKER
HIS ENCOUNTER WITH AN lNoFfESsAVS
1ApoRER. AND HIS EASY ESCAPE

st but he is best known as the lcaucI Vi % -.
Hail Democracy in the MIN hssono.y o. 49,,
He IS typical Tammany leancr III app h,,n a.
a history of the case in question rcVea,S MN
" saaesor % tbe campagners who gave al
lcciance 10 Boss Tweed. . ,.o,,
Hernan Is simply a laborer, o'i' III , ,
man and unusually intelligent. HIS ias .''po 80,
woe as n MAYER but he has bceh uh'oo :" WI
for over two months on account Oh ~, "I'Ds az" ~,
a. l., do,htf,l ~ he will ever completely recover MS
Is uo"piu ,ionds cav that he is the victim OF
''l roo, .naco and the case Is all tho more note
r,hv hecause OF the light 1t throws upon 'hc
no,hods Of Tammany politicians In their own speci'
dcminions s,,onher 10 aud
,or scveral DAYS the victim lay pe'"co" iio anu
doyb The scene Of the alleged Outrage was hq"oi-
- tont Inv lanes Clark. at Twenty-sAth-st' and
SUI mr. ,ror tho trouble Herman taken 10
w. to,,so of friend at No 34i West Twentyslxthst
,I, ~ homo ts AZ No 221 West Twenty -sevenulst.,
,rbere he has lived with his mother lor o'er '"cny
voars lie was too badly hurt 10 DC rcnoNe~ a'
once however, and he remained ~ ms TRENT" mouse
Co.. sovoral weeks Notwithstanding tho critical
i' -, ,,t,ries thc police manifested no desire
80 soc,,rc tbe punishment Of his assaant' and they
~, no, n,acc him under nominal arrest until
tho ncNspaper men had stirred them up
"rN THE CUSTODY OF THE CAPTAIN
VIA, bo was taken to court, moreover. he was
or., rIoccd I'm what Is termed tho custody" OF inc
cantaln of the precinct which means something at'-
cether different from confinement IN cell AS soon
O. ,ho ,bvsicians pronounced Herman out OF danger
p.,r was released on bail, and he was not bothered
again until October 30, when Justice Hogan held the
exomiraton at jefferson Market Police Court
Uornar was at a disadvantage in having only one
,,oss and stll more so in the fact that this man
oofcsscd that he had been convicted OF larceny
and twice Of drunkenness. Barker had I'VE witnesses
and tbcv all told symmetrical and we'll rounded story
about the way in which the district leader had been
assaulted right in his own stronghold. Tho Tam
many HEADQUARTERS for the district are above the
Io,,or shop and Barker and some friends came down
rs inst about the time that Herman entered tho bar
room Herman according TO the testimony OF the
witnesses for the defence, at once began TO blackGa
Barker in an exceedingly insulting manner and hnaiiy
stw,ct h m Then the two clinched. and in falling
Barker managed to keep on top The statesman
was magnanimOus, however and allowed Herman 10
rise on his promise to "behave himself Instead
Of doing So Herman is said to have renewed the as
sault and Barker found It necessary to fall OF top
Of him again. Barker denies having kicked Herman
at all and his friends explain the mans peculiar
Injuries by ascbing them 10 the fall, or else say tina;
he is only shammins and was not badly hurt at all
In fat contradiction to this, Herman asserts that
he did not even know that Barker was in the place
until he was knocked down. Barker came up from
behind him, he says, ard without the slightest warn
a
dazed him for moment, and before he could recover
his senses BARKER had followed up with several
rapid blows and knocked him down. Barker then
kicked him until he completely helpless, when
ho was picked up and thrown out of doors
HOW THE FIGHT BEGAN
Herman admits that he provoked Barker by remark
'ng aloud that Jim Cannan ought 10 punch Barrier
in the Jaw The occasion Of this remark was tn
fact that Barker hal given to Canaan. who is friend
of Hernan's ticket emitting him to lob
strcetsweeper Canaan IS strong. hearty man.
however and An old friend Of the politicians. an
consequently was entitled to something better. his
friends thought. lie was not present at the ngf.
however.
Herman denies having assaulted Barker at all. and
also denies having used the indecent language al
tlfbued TO him. The general circumstances OF the
case moreover. tend 10 cOroborae his statements
Barkers friends say that he came in looking for fight
and admit that he perfectly familiar with the
character Of the place This last statement alone
enough 10 show that man with spark OF prudence
would have assaulted Barker, because 1t was about
o'clock in the evening and the place was full Of his
friends Peter CoIcoran. Hernans friend. was quickly
showed out By these friends. and if Barker ha
needed any help in dealing with Herman he would
have received all that he desired.
The most conclusive evidence OF BarkePS brutality.
however. found in the nature OF Hernan's injuries,
which could not possibly have been received from
fail Barker undoubtedly kicked him about the lower
part OF his body. when he was Oh the floor. ami
inflicted iaiuros which wcrc moi only eXcrucatinSy
nainfd but arr likely 10 &c permanent ia thor ellert,
lie only possible explanation OF such injuries under
the circumstances involves charge OF simply hendiSh
brutality almost beyond belief. Even If hornan had
be n drunk and abusive. and there Is proof that he
was, there. could be possible excuse for melting
pui such ferocions punishment 10 him
Eut perhaps the most astounding thing
I'm tho Who'll, case is the argument
Turly addressed ~ Justice Hogan I'm BarkcrS behalf
Mr.. Purly formerly an Assistant District Attorney.
and Is an uh>W'Nns HIh rom % lanmanS' II de
IVcrcd . dramatic harangu", "a II Adde'S ng Jury,
and, will holding that Barker acted only In self
defence. ne hat tine assurance frankly 10 i"ni hun
for attaching Herman. barAcrs pn-emncnce as a
district leader would b. destroyed he said, If he per
tied such man as Herman TO use words dcrogatOry
10 him. and he was justified, morally not legally, IN
attacking tho PresumPln9,n1s young lao9rar The
tracs mind 10 the days when his Honor hims II used
to DO the leader in the Ist Assembly District, and to
suggest that Tammany leal was perfectly just1el
In IesOrlng TO physical means to maintain his per
sOnal prestige.
BARKER GOES SCOT FREE"
Justice Hogan reserved his d cson7 and on Thurs.
day flcl a paper dismI,Nng the aud dlschargug
the prisoner. He strongly ncln d TO tn Tx that
In, five or six drinks Herman had taken during the
day had intoxicated him. In the coursl OF the ex-
animation the magistrate had particularly esioned
Herman about his opinion to whether Barker ought
10 hav, secured q better Job for Canaan but lie did
not mention this question Of ethics in his decision.
Jus iicc Hogan appears 10 have placed implicit faith
fn Balkcrs witnesses, although their statements bore
uuu.ua. cN dcncc OF careful rehearsal. On dircc;
examination their stories were strkngly similar while
ON ctts,-cXauinAtiOn they cOntra1ictcd themselves
ana each other IA many points. one of the Wit
ncsses In fact is known 10 have told bartender, just
a. he was starting for court. that he dilnt know
AZ flat time what he was going t. swear TO- but he
aferwarl explained that he said this merely a.
iokc Barker could ca-ily have had hundred such
humorous witnesses
In speaking u tho case since the decision an.
nouncc1. Mr.. Pury mad scarcely any prctcncc OF
Lciln Earlcr t. be Innocent. but fully Justified the
as.auIt Instead. at just happened ~ that time"
he said. that the two or thic' youPi mon who act
and IN narlcr had to attend 10 the business himself
II would never do for district leader to swallow an
insult, and that Is the reason must vi uoh are Dr.
broad shOuldcred men -, , 49,,
Barker (, fifty eight years oil and fully twenty
witlsandng his years, he Is considered q
dangerous man in fight AZ anV ra'e he was ho'