New-York tribune., 1896-01-30
20 EICUT 10 CLCD On i AN
WILKINSON DISMISSED FROM THE
POLICE FORCE.
JUDGE MOTT DECIDES THAT THERE Is NO IA"
AGAINST TAKING a PLACE TOO FAN
IN LINE-THE COAcHMAN DIS
CHARGED FROM CUSTODY.

IN IINE-TIIE tOAcHMAN DIS
CHARGED FROM CUSTODY.
Patrolman James Wilkinson. OF the Newarh
Police Department. who brutaly clupbed hop'''
Grattan, colored. a ,oachman for Thomas l. I'
nov was dismissed by verdict OF the Board OF
Police Commissioners announced yesterday ai'''
a tral OF the officer Tuesday night dratta"
was arrested by the patrclman on charge OF uis
orderly conduct and tried by Judge Wiiour a.
Mott in the First Crimlna! Court. lie WAS "'
quilted yesterday. The verdict of the b2ard against
the policeman 5 as follows:
The Board finds thlt James Wilkinson, chahce
man Of the second ,rade Is guilty a. cnarsed' y oi
us.ng unnecos saiA yloence 10 hopett "ln,ti, NJ
further il hnds that after serving more thah oi'e
year on the force chaaceInan on PROBATION nT
does POSSESS the necessary qhai,hcd''ol'S " a.
a,od Judgment 10 make q police officer, ana is
therefore, dismissed from the force.
JOHN W. STRAHAN. President of the Board
Grattan was sent by Mis Kinney to Miners
Theatre Wednesday morning of last week ~
procure tickets for the benefit performance OF
she Stoops to Conquer" which was held at the
theatre last Saturday night. While standing IN
the line waiting for the box Office to open Grattah
had words with Wilkinson. The latter was ser'-
ing as a police officer and the dispute ed ID I"
scufIle which was ended by the policeman Striking
Grattan on the head with his club. Gratian was
arrested and his trial attracted considerable at
tention In rendering his decision in the pol ce cou
yesterday Judge Mott reviewed the testimony ana
said:
1t is entirely clear my mind that ticket or no
ticket. Grattan was not Justly entitled To posi6o
No. 6. The rule, II seems TO me. mus d., .o,s m,,
come, first served" and Il an carly conner s.Ss sSS
away he must take his place AT the foot OF ine M
line on his return. II a man can go away iDr M ,hn ,sn
or fifteen minutes without losn; his place III Wy ~
line. why not for thirty or forty minutes, hnirs hiin
To my mind this whole case rests entirely upon 'ns
question OF whether the officer had a right @nd
by that | mean lega right. TO compel inc do
his ticket number II ne I'D have such a r.sht ut, ne
had lawful risht to use force su'rISrs nrIer II he
defend2nt 'i2i had lawful right to res.s, him
undue or unnecessary force ! have no CulV'1, Il'
The sole question for me to decide IS whether ,ng
right to command the defendant to leave ne me
ami his refusal to DO so, 20 compel nm "S
1t does not appear from the testimony how siin n
man and Wilkinson came TO BE- at the theaHe re- ma t
morning Iassurue that they were detailed ther' ior
special service. and that they were mere so,eS ~
prevent a breach u the peace The authoiliy o. /"
mere peac" oficer Is determined entIely y. ny 'rgf ~
state OF the peace 50 long as there was no ~
the peace the officer had no duty 10 perform; IL wa wa
rot his duty 10 attempt, on his notion 10 rish' sl?
supposed wrong done 10 any person IN 'ne III .i'' ~,
While IL must have been evident TO every person II
the Inc that Grattan was n position t. wnch ne
wa not on any theory entitled. and even assHil, I
iha, the officer was aware Of that fact IN my juds
mrni. as matter OF law, the oiNccl hhl no III t.
on his notion to interfere with the defendant. Inc
limitations have thus placed upon Ia" authority
y, Ur '' ,T T. 80 iirdinr Tn. officer may have
thought and 10 my mind noi without Just cause.
that ne was rshfinc a wronE but IN 30 doing ne
undertook TO do what he had no legal right - do'
and therefore the defendant had legal r!ght 10
resist him. and such resistance beng Iawi1l, zoe.
not constitute Iisorderly conduct. The defendant
in therefore discharged.
The outcome Of the case was exceedingly crafty
Ing To- the Kinney family ana society people ecncr-
allv in Newark among whom Graitan is faFor!i"
ana who took great interest In the case