The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-09
PATRICK FLYNN SHOWS UP IN
COURT WITH A WOUNDED
HEAD.
JUDGE TWOHY DIDN'T LIKE 1T.
AGAIN READS THE POLICE A Lee
TURE ABOUT BEATING PRIs-
ONERS.
LIEUT.. BAHE ACCUSED THIS TIME.
Said to Have Pounded n Prisoner on
His Way to the Station in the
Patrol.

Judge Twohy was called upon in the
municipal court yesterday to again
censure the clubbing Of prisoners by
the police When the G o b e exposed
the West side brutalities some months
ago, the court took the police severely
to task for their inhuman conduct and
it has since been the general belief
that those unfortunate enough to fall
into the hands of the police were ac-
corded more humane treatment. That
some policemen still indulge in the
clubbing practice, however, was
brought out in the trial Of Patrick
Flynn, alias Moore, yesterday on the
charge of drunkenness and disorderly
conduct Flynn was arrested by Lieut..
Babe and Officers Hervin and Tschida
Monday night. The facts about the
pounding he received were suppressed
by the police, but when he appeared
before Judge Twohy with clothing
smeared with blood, a blackened eye
and an ugly cash four inches long in
the back of his head, the court strong
ly denounced the seeming brutality OF
the police. Said he:
"Such use of clubs is becoming In
tolerable A police officer has no more
right to club an unresisting citizen
than the citizen has to assault the Of
ficer. The fact that a policeman car
ries a club does not give him the right
to use it over the heads of prisoners.
The club is a weapon of defense ana
policeman is justified in using 1t only
when he is attacked. The fact that
prisoner resists arrest is not sufficient
cause for splitting his head open, par
ticularly in the case of prisoner ar
rested on the minor charge of drunk
enness. Almost any citizen when under
the influence of liquor, WILL if arrested,
make some feeble resistance, such as
pushing the policeman away from him
or declaring that he will not submit,
but in cases of this kind If the police
man making the arrest cannot handle
the prisoner he should get assistance
and not resort to clubbing. The club
is primarily a means of protection for
the police and the fact that an officer
is thus armed does not give him the
right to an abuse of his authority"
Flynn accuses Lieut.. Babe of cutting
his head open. He said on the witness
stand that, after he had been put into
the patrol wagon, the lieutenant be-
came angered at his threat to call him
to account for the arrest and, sfeZfng
club carried in the wagon, repeatedly
struck him over the head. Flynn said
he protected his head as best he could
by raising his arms, but that Lieut..
Babe knocked him from the seat with
the blow which laid open the scalp.
When Flynn reached the station it was
found necessary to summon Assistant
City Physician Artz to sew up the
wound in his head. Fly0 further
more claimed that before he was put
into the wagon officer Hervin and
Lieut. Babe pounded him with their
fists Flynn lives with his parents at
432 Charles street.
Flynn's arrest grew out of a diff
Guilty at Seventh and Wabasha streets,
shortly before midnight He and John
Hale were on their way home, when,
Flynn claims two other men who had
been standing on the corner, made an
offensive remark. To this Flynn re-
tcrted, when he says Lieut.. Babe told
him to go home and gave him a push.
Flynn admits resenting this treatment
and says he told Lieut.. Babe he did
not have to go home. Then, he says,
the lieutenant grabbed him and calling
to Officers Tschida and HerVin started
to take him to the patrol box. Babe
and Hervin, he claims, struck him with
their fists. Babe, Flynn says, rode to
the station in the wagon. On the way
Flynn says he told Babe his arrest was
unjustifiab BILE and said he would get
even. Then, he said, the lieutenant
cursed him roundly and began pound
ing him over the head with the club.
Later Hale went to the station to see
if he could bail his friend out, and
he, too, was thrown into a cell.
A peculiar feature of the case was
the failure of Lieut.. Babe, whom it
is claimed by the other policemen or
dered the arrest. to appear against
Flynn and Hale when the case came up
for trial. Tuesday. A continuance was
granted until yesterday. and Babe
again failed to appear The testimony
was taken, however. but when the
facts regarding the clubbing were
brought out another continuance was
and it is said that Lieut. Babe
will be formally summoned today to
explain the charges made by Flynn.
Officers Hervin and Tschida testified
yesterday and claimed not to have wit
messed any abuse of Flynn. 1t was al
legged that there was a crowd on the
corner using vile language, and that
Flynn refused to deSist in the objec-
tiCnabIe remarks when so ordered