The record-union., 1895-01-16
CHARGES AGAINST A POLICEMAN.
They Are Made by Daniel McCabe, a
War Veteran.
He Accuses Officer Rutherford Of Beat
ing Him, and Also OF sleeping
While on Duty.

About week ago officer Rutherford
took to the City Jail an old man named
Daniel McCabe whom he charged with
disturbing the peace. The prisoner s
face and head were cut and bleeding
from wounds which he said the officer
had inflicted with his club.
McCabe is war veteran and an in
mate of the Soldiers Home at Yount-
vile, Napa County. He had no wit
nesses in the Police Court the next morn
ing when his case was called, and was
convicted.
There was considerable talk about
Seventh and * streets, where the arrest
was made, concerning the officers con-
duct, and several persons claiming to
have witness ed what occurred have since
offered to appear and testify against the
officer if McCabe would file charges
against him.
This he did yesterday. and they were
presented to the City Trustees at their
sworn to before Notary Public t. M.
Diviny, and recite:
M'CABE's CHARGES.
Daniel McCabe, being duly sworn, de-
poses and says: That he is citizen of
the United States, and resident of
Yountville, Napa County, California; that
he knows w. 2. Rutherford, a member
of the police force of the city of Sacra-
mento; that the said Rutherford is guilty
of miSdemeanor as member of said po-
lice force, in this:
That on or about the Sth day of Janu-
ary, 1893, attlant was placed under arrest
by the said rutherford at the corner of
Seventh and Is streets, Sacramento City,
at about II o'clock p NJ, and charged
mic Tor nd a iofT, ho
peace; that in making said arrest the said
Rutherford used toward this affiant un-
necessary force and yiolence; that with
out iault or provocatiOn on the part of
atfiant, the said Rutherford mercilessly,
cruelty, brutally, and in an inhuman
manner threw affiant against the ground,
lnJurlng and brulsing him; that while
aftiant was PROSTATE and helpless the said
rutherford numerically and violently
beat afflant on the head and about the
body with club, injuring him greatly,
and causing him intense pain and
suffering: that this affiant made no
resistance to the said officer while
making the said arrest: that while
affiant was being placed in the patrol
wagon, Immediately after receiving
the rough and brutal treatment aforesaid,
the said Rutherford struck him in the
back OF the head violently, and called
him vile and opprobious names without
said treatment of said atfiant by said
rutherford, atfiant mas suffered, and does
still suffer, with an injured eye, crushed
side and bruised head, and other con-
tusions, for which it was necessary for
him to obtain medical assistance.
That as this informant is informed and
believes, the beat OF the said officer
Rutherford is between Seventh and
Twelfth streets, III said Sacramento City;
that on or about the night OF the Sd OF
January, 1895, as this atfiant is informed,
the said Rutherford, while on duty as
such policeman, spent several hours
sleeping in the stable of Wilson d5 Son,
which said stable is situated on X street.
between Third and Fourth streets, in said
city, and outside OF the beat OF said officer.
That atfiant believes the said Ruther-
ford guilty of conduct unbecoming an
officer of said police force, and prefers
these charges against him and asks your
honorable board that he be removed from
his position as a member OF said police
force.
When McCabe's affidavit was read,
Devine asked that u time in the near
future be set for the hearing of the
charges, as, If true, Rutherford should
not be allowed to remain on the police
force.
Davis favored instructing the Police
Committee to gather evidence in the case,
but Devine thought it was too late. He
moved the trial be set for Thursday night,
at $50 O'Clock, and the motion was car
ried.