The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-19
TO BE TRIED FOR CLUBBING
POLICEMAN CARMoDY HELD FOR
FELONIOUS ASSAULT.

Magistrate Cornell Says He Believes tho
Policeman Unnecessarily Used His Night
Stick In an Arrest Made on Fifth Ave-
nue-Cnpt. Price Assails tho Magistrate.
After an investign }psting several hours
Magistrate Cornell in tho Jefferson Market Po-
lice Court yesterday ordered complaint en-
tered against Policeman Patrick Carmody OF
the West Thirtieth street station. charging
him with folonious assault on Charles A. MUIR
ply. publisher OF 20 Fifth avenue. Capt
Price. Carmody's commander. was present
and took hand in the examination OF the
many witnesses called. 1t was evident that
Price and the magistrate took different views
OF the case.
w. Murphy Is tho man Who with Horace q.
G. Thornton. n Wall street broker. was arrested
by Carmody last Thursday morning on Fifth
avenue charged with disorderly conduct.
Murphy's eye was closed by q wound which
the policeman said was received by Murphy
falling on the curbstone OF tho sidewalk. His
side OF tho story was backed by Policemen
Hastings and GilleGan. and by Waterman
from ncighborInG building. Murphy and
Thornton declared that the wound
was caused by Carmodys club. which
was used without the least provocation.
DIR. Cooke OF tho New York Hospital. who
had dressed the wound. testified yesterday
that the patient not only had not been abusive
and violont at the hospital. as two OF the po-
llcemen testified under oath on Thursday. but
that on the contrary he had been extremely
polite and very reasonable. although appar-
emily excited The impression the doctor re-
ceived while he was dressing the wound had
been that Carmody had inflicted It with his
niRhtstick as he heard Murphy say to Carmody.
perhaps deserved 1t, but the knock was
pretty hard one"
Lawyer George A. Lamb. who appeared as
counsel for Murphy. wanted to 20 Into Car
mody's record as policeman. but was not per-
mitted to do so. He said when the hearing was
over that the man had had nineteen complaints
made against him since he Joined the police
force In May. 1904
II believe that Murphy and Thornton have
told the truth in this case" Magistrate Cornell
said after hearing witnesses on both sides for
nearly two hours &c believe that Policeman
Carmody beat Murphy with his night stick and
want a complaint OF felonious assault made
out against him. shall parole him In your
custody till tomorrow morning. Capt Price.
but you will have to bring o bondsman hero
then"
SEQ here. judge" rejoined Price. stepping
forward, Il want an examination for this
men."
why. what else has he been havlng2" eS-
claimed the magistrate. Il have gone over tho
whole field and hoard every witness but one
twice."
well. I want q complete examination before
another magistrate" said Price. doggedly.
That is something I have no right to
grant," replied the magistrate. He has had
as fair an examination as he could desire. and
his rights will be fully taken care Of before the
Grand Jury"
He was not prisoner to-day" persisted
Captain Price. and we have lot more wit
nesses that we could have brought here-the
doorman. the matron and others"
Il have heard enough to know my duty
the magistrate replied. firmly. 1T is the
quality that counts. Capt. Price. and not the
quantity"
II demand that this man be granted his full
rights" shouted the Captain.
He shall have them" said the magistrate.
In changed voice. Il set his examination for
$3.50 O'Clock tomorrow morning. New wit
nesses will be heard. but no old ones In the
meantime I hold him in 81. 900 bail. which will
have to be furnished before he leaves this
place."
Capt. Price changed his tone in moment
and requested the paroing OF Carmody. The
discussion ended in the magistrates original
decision being enforced.