The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-30
sERGT. JOE DAVIS AND PATROL
MAN HEATING CHARGED WITH
ASSAULT.
WILL BE ARRESTED TODAY.
NEITHER THE xCITY ATTORNEY
NOR COUNTY ATTORNEY WOULD
ISSUE WARRANTS.
APPEAL MADE TO JUDGE TwoHY.
Trouble Which Arose Over the Ar
rest of William Smith at Fort
Smelling.

Sergt. Joseph Davis and Patrolman
Joseph Heating, of the central police
station, will be In the municipal court
today, though not in their usual ca
pacity as officers Of the law, but as
prisoners before the tribunal, where
they have SO frequently arraigned 9TH
ers. Warrants for the arrest Of the
policemen were issued yesterday, Sergt.
Davis being charged with assault and
battery, while Patrolman Heating is
charged with assault. The complain
ant Is William Smith. living at Mon
treal and Cleveland avenues. Sergt.
Davis and Officer Heating arrested
Smith at Fort Smelling Dec. s, and the
charge against the policemen grows
out Of their treatment Of Smith at this
time. Smith was charged with cruelty
to animals for having, 1t was alleged,
refused to blanket his horse when. Or
dered to do 30 by officer Heating. He
was arraigned in the police court, sub
sequently, but the case was dismissed
upon motion Of Attorney Costello. who
appeared for Smith. Since the dismiss
sal of the case, as has been previous
ly told in the G o b e, Smith, through
his attorney, has been endeavoring to
procure the arrest Of the policemen,
but, until Yesterday, could induce none
Of the municipal court officials to Issue
the warrants. After being refused the
warrants by City Prosecutor Hall and
Assistant County Attorney Zollman,
Judge Twohy, at the request Of Attor
ney Costello, directed that the infor-
nation against the policemen be re-
cejved and the warrants for their ar
rest issued. This was done late yes
terday afternoon, but, as both officers
are on night duty. they were not lock-
ed up, and it was understood that the
service of the warrants would be post
poned until today.
The ground upon which Judge Twohy
directed the issuance of the warrants Is
that citizen has the same right or
redress against a police officer that he
has against any other citizen. If a
policeman overSteps the bounds of his
authority, according to the position of
Judge Twohy, and physically maltreats
a citizen the officer is amenable to the
law and subject to arrest and punish
ment, upon the establishment of the
charges made, notwithstanding that
he is member of the police depart
ment. This position is dissented from
by City Prosecutor Hall and Assistant
County Attorney Zollman for different
reasons
When Attorney Costello applied to
MI. Hall, yesterday, for warrants the
city prosecutor refused to issue the pa
pers, stating that 5he would not do so
unless Sergeant Davis and Patrolman
Heating had beenffirst examined by
Mayor Doran and either discharged or
disciplined, sufficiently to leave no
doubt as to the truth of the charges
made. Attorney Costello then sought
Assistant County Attorney Zollman
with the request for the warrants,
but this official refused to act in the
matter on the ground that charges of
the nature Of those against the police
men were, under agreement with the
city attorneys office, tried by the city
legal department and that he did not
care to depart from the agreement Of
some years standing. Then applica-
ton was made to Judge Towhy and the
&C urt ordered Clerk Conroy to issue
the warrants.
William Smith, the complainant
against Sergeant Davis and Patrolman
Heating was born and raised in ST. Paul
and claims to have always been a
pCoSC1ui, ID w ClllZSH' Ills
story of his experience with the police
men is as follows:
1.-THE afternoon of Dec. s, he drove to
Fort Smelling and placed his horse in
Harris hotel stable Returning to town
on the car he again that evening went
back to the hotel to get his horse.
Driving around tor the front Of the hotel
Smith left the buggygto go inside mo-
ment to purchase a. piece Of tobacco.
He says officer Heating commanded
him to blanket his horse, but that as
the weather was warm, and he expect
ed to leave the animal but for a mo-
ment, Smith refused ito do So Then he
says Officer Heating placed him under
arrest. Feeling that he had committed
no offense Smith chung to the post
where his horse wasted and a scuff1e
with the policeman followed. While
this was going on Smith says Sergeant
Davis came upon the scene and took a
hand in the scuff1e by pounding him
over the head with "billy" to make
him let go of the post; AS a result Of
this treatment Smith claims his over
coat was torn nearly off Of his body,
while one hand was so injured that the
services Of a physician were necessary.
AS a further grievence Smith claims
that after he had finally been hauled
to the station, the police took charge
of his horse and allowed the animal to
runaway, smashing the buggy badly,
while the horse was severely cut and
scratched.