The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-03-09
DOCTOR, JANIToR, DOC, AND WHIP.
Acquittai or tho owner OF the AMI
NAL tho Janitor shoocd.

A jury In tho General Sessions yesterday &C
quilted DR.. william ii. McEnroe OF 1853 wost
Twelfth street, who was tried on a charge Of
striking George Picken. the janitor Of tho
Presbyterian building In Fifth avenue, with q
dog whip.
The prosecution had failed to produce the whip
that struck the janitor that shooed the dog that
walked on the grass that grew in front OF the old
Presbyterian building. Neither was the dog
produced in evidence. The doctor had been in
dicted on Oct. 30 last for assault in the third do.
gree, the complaint reading MS follows:
George Pickcn. being sworn, dcposes and
says that he is 81 years OF age, and has been for
the last nine years janitor OF the building for.
merly occupied by the Board OF Home and For
eign Missions at SO Fifth avenue. in the city OF
New York. That said building is now owned by
said board. That since the removal OF said board
to Its new building ut 156 Fifth avenue he has
had charge OF Its old building as general watch
man and caretaker. That he resides at 8 West
Eleventh street. Tha. at divers times on and
before the fifth day Of October, 1896, n certain
dog. owned by one DR.. William II, MGEproe, ran
longing TO said buildlnss.' That, deponcnt
without violence. That said DIR. McEnroc, tho
owner OF, said dog, did threaten and annoy
dog. That said DR.. McEnroc would stop on tho
sidewalks In and about said building, and, hold.
ing up said dog In his arms, would threaten.
tease, annoy. and provoke deponent with intcn-
ton. as deponcnt verify believes. OF 10 anger
ing .deponent that he might commit a breach
Of the peace. That deponent at all these times.
though greatly annoyed and provoked. held his
peace humbly and asked said DIR. NcEnroe TO
from of said premises. That said dog in.
iured and destroyed said building. That on
Oct. 3 dcponent was standing inside the
said Enclosure about said building talking to one
John AuguStuH DOrln, With whom he ia agcIlH-
toned TO hold u few moments conversation
every day as said Doran went to his work. That
on said day. between the hours OF n and 10
o'clock In the morning. said dog appeared In the
inclosurc, across the walk to the entrance OF said
building. and In the northerly Enclosure 40 desig.
he was in the habit OF rapping. on the iron rail
ing, and sad: Get out. there and shooed said
dog from said northcrly inclosurc. That there.
upon said Dr. McEnroc called deponent an Irish
puppy and other vile names and struck de-
ponent with his dog whip. That said doctor
to be arrested and fined - by Magistrate Crane,
which tinc was paid"
Janitor Picken's testimony In court yesterday
was along the line Of his complaint. lilo called
John Augustus Doran to corroborate him.
Dr. MuEnroc, in his own behalf, testified that
he caused the j%anitor's arrest. Judge Fitzgerald
sifted the dog and other things out OF the evil
dcncc, and got the witnesses pinned down to the
story Of the alleged whipping. Then the testi.
mony showed that the janitor being In the
northcrly Enclosure and tho doctor being In tho
building. his whip would not have reached tho
%janitor. Consequently there could have been no
whipping, although the said dog might have de-
stroycd the said mission building.