The times., 1899-06-13
TROUBLE over THE
KILLING OF A Dog
Major Sylvester and Judge
kimball at Odds.
Policeman Johnson Fined for
Cruelty to Animals.
The Decision said to Have Demoral-
ized the Police Force to n
Certain Extent.

recent decision of Judge Ivory G.
Kimball, of the Police Court, when he i'm
posed a fine of SO on Policeman Johnson,
of the Third precinct, for alleged cruelty
to animals, has caused Indignation among
members of the police force and occa-
stoned clash between Major Sylvester
and the judge. The result is that Major
Sylvester has written a letter to the Com
missioners in which he set forth the facts
in the case, and expressed himself as TO
his opinion of the judge and his decision.
He has furthermore asked for an opinion
from the Attorney for the District on the
humane law. The letter has not been made
public and what its effect will be can
only be surmised.
The case that caused the writing of the
letter by Major Sylvester to the Commits
sioners occurred several weeks ago. Po-
liceman Johnson was at that time arrested
on warrant charging him with cruelty
treating and putting to death dog. The
warrant was issued on the complaint of
several women who witnessed the killing
of the dog, and who reported ii to the
Humane Society. The case was thoroughly
aired before Judge Kimball, and several
witnesses for the policeman testified that
the killing of the dog, while done with a
club, was net more cruel than a death
from a pistol shot. Johnson explained at
the time that he had been on the force but
a short time and was not an expert in the
use OF pistol, and that furthermore, as
there were several children present when
he dispatched the animal he thought it
better for the safety of the little ones to
use his club rather than his revolver.
dog was manifestly cruel, and as the case
was an exaggerated one, he imposed a fine
of $40 1t is said that the usual fine for
such an offence is So.
II appears that the killing of the dog
was requested by persons in the neighbor-
hood who feared for the safety of their
children. The dog was said to be in an
unfit condition to be allowed in the street.
The complaint was later made to johnson
and on the understanding that the animal
was dangerous he undertook 10 put it out
of the way. He located it near school
building where children were at play, and
drawing his cub. struck the obnoxious
canine a hard blow on the head. He then
went TO the patrol box to notify the sta
tion of what he had done, and request that
the Health Office be communicated with
and asked to remove the dog When on
his way to the box he was hailed by citi-
not dead, whereupon he returned and find
ing the animal running across the street.
followed it into doorway where he struck
it again. this time killing it. Women who
witnessed the killing called on the Humane
Society and made a complaint. The result
was the issuing OF a warrant and the sub
sequent arrest and Gning of Johnson.
1t now develops that the dog was the
property of a policeman, whose home is
killed. The policeman is said to have
formerly served in the Third precinct and
to have been recently transferred to the
Eighth. According to statements complaint
was made to the policeman about the dog.
and he is said to have complained to
johnson, not knowing at the time that the
dog complained of was his property. After
the dog had been killed the policeman
learned that he had been the owner of the
animal, and it is said then became great
| ly incensed. Furthermore he is said to
have visited women who witnessed the
killing and requested that they make COM
plant to the humane officer. AS several
policemen expressed it last night the
whole affair looks like a piece of spite
work.
/ Major Sylvester stated last night that
he had not been officially informed that
the. dog was owned by a policeman, al
though the matter had been mentioned to
! him. That part of the affair he did not
care to discuss as yet, but he unhesitating-
ly stated that he was not in sympathy with
| the action taken by Judge Kimball and ex-
pressed himself to the effect that unless
| the police and the Police Court could work
| in harmony little could be accomplished
Major Sylvester stated that since the ffning
Of johnson policemen had refrained from
| killing dogs which were regarded as dan
]
| they might be brought into court and fined
for doing that which johnson had done
and which was certainly the proper course
to pursue in such cases.
My men are placed in a very bad po-
sition by Judge Kimball's action in fining
| Policeman Johnson" said Major Sylvester
TO Times reporter. They will be damned
if they do and they will be damned if they
do not. That is the way the case stands
| None of the men can afford to pay SO
| fine for ridding the community of a nui-
sance and l am not going to compel them
| to do so. AT the same time, the people of
| the District. who have one of their safe
| guards thus torn down, are not going to
| let the matter pass without some harsh
| criticism of the department. BY his de-
| cision, Judge Kimball has done more to
discourage the officers of this department
| in the discharge of their duty than any
thing else that could possibly have hap
pened. l do not think it is just and l am
not going to let the matter rest.
'I have written a letter to the Commits
sioners and have told them exactly what l
| think of the police judge. | have also
asked them to have the Attorney for the
| District render an opinion on the humane
| law. Had / known of the case at the time
would have cheerfully paid the officers
fine out of my own pocket and would have
volunteered little private opinion on the
matter for the benefit of the judge. | do
not intend that the members of the police
department shall be hampered in the dis
charge of their duty. and the highest au-
thorities will be called upon to protect
them"
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