New-York tribune., 1895-12-12
MAGISTRATE MOr1's SIDE OF IT.

HIS POSITION WITH REGARD TO NEWSPAPERS
AND THE Use OF FORCE BY POLICEMEN
To the Editor Of The Tribune.
Sir: notice in your paper OF this date that you
crtlcise me for resentng angrily certain alleged
criticisms OF nv conduct. and you further say that
am reported to have declared that all newspapers
are liars and that such remark VIII surprise
many New Workers and cause them 10 wonder wnat
newspapers Mr.. Mott has been In the haoit OF
reading
never made such a declaration. II Is true
have said and repeat il here that IL Is lying for
a reporter or a publisher OF a newspaper to de-
iberately alter cut or so cnanse statement
or interview as to give the statement or inter-
view an entirely different meaning, when know Is
very frequently done.
. have been constant reader OF The New
York Tribune since II founded in lS4l l
have The Mail and Express left at my home
every evening and Il T. my stant habit to read
The sun which shines for al" do sometimes
read other newspapers as may have occasion
g. You say He ia understood 10 have denied
saving in open court that respectable woman
would 20 about the streets alone night. but there
are persons who declare positively that they heard
him give expression TO such d sentiment Now. l
declare that man, woman or cniId ever at any
make any such statement. And what IS equally
true | do not believe that any person VINO knows
4 Again you say He is reported to have said
after nightfall deserved to be arrested" ! make
the same answer that statement That nave to
now that | think in view OF the numerous as
saults that have been committed upon both men
ard women in this city. In daylight and at night,
within the last few months, that It is unsafe for
any woman TO go out unattended . 49,. .... o,
a who was brutaly dubbed by policemen on
the way the station he remarked that the police
men had the right 70 Kill ,he man II necessary Ill IN
order to get him TO the station Thers are persons
however. who insist that he actually used that
before ne in October last. at the jefferson Market
Court. The facts are as follows A Policeman az
tempted TO arrest person and the person 50 A. A.
tempted to be arrested made an assau-t upon me
officer and resisted until 1t required the combined b
efforts of four policemen TO subdue MN ang Dring
him 10 the station house. After an examination
had been arrested the defendant. who had un-
doubtedly been severely dubbed asked me II the
| replied 10 his question as follows: ut was your
duty when the officers arrested you TO quietly SUB
had a right TO use Just so much force. and no
more as was necessary to overcome your resist
/ Will no, furnish you with any extended ex,
tracts from the authorities on that subject. as |
call your attention to the headno,es 10 some OF
the leading on that subject ana you can read
proper answer TO his question and whether l
would not have been justified In using the very
ton first 10 Section 223 OF the Penal Code of this
state:
police officer when making an arrest may repel
force with force but he must not exceed the neces
sty OF the case.
Com. vs. Max Phila 22; People vs. Bush |
Wheeler CT &. l37-l3s: Clements State 90 Ala.
III
A party may whatever force s necessary to
arrest an offender against law either with with
out process.
People vs. Adler Parkers G. c. As: People vs.
Wolven. ~ Y. Leg Obs. 81: People VS.. Ardle /
Wheeler c. e. l0l
A party assalled may sufficient force de-
fend himself. to the killing OF his assaiant.
Shorter People. y. Y. 1893 Court OF Appeais):