New-York tribune., 1901-08-31
tagged" Devery said that he would prefer a
complaint OF characterization against O'Neill.
CALLAN GOES SCOT FREE.
CHARGES AGAINST THE POLICEMAN
WHO BRUTALLY ASSAULTED A
SOLDIER DISMISSED BY YORK


Disappointed at his attempts to get justice
from Deputy Police Commissioner York Captain
Michael F. O'Rourke. who was brutally assaulted
by Patrolman Nicholas F. Callan on the morn
ing of March II. will in all probability take his
case against the policeman into the courts. 1t
was not until fourteen weeks and two days had
elapsed that Deputy Commissioner York yester-
day announced that he had dismissed the
charge against Callan. Some powerful and
hidden influence seemed to have been behind
the accused officer, as he boasted from the first
OF his ability to get an acquittal. Mr.. York was
not any too anxious to make known his decision,
he repeatedly refused to announce Ii. Yes
terday. when Captain O'Rourke called upon Mr..
York and asked if any judgment had been
reached. the Deputy Commissioner said curtly:
Il have dismissed the complaint" and then
turned on his heel and walked away.
The story Of Callan's assault as told by
O'Rourke shows it to have been one of the most
outrageous Of many police outrages. Callan,
who formerly prizefghter, is said to be a
personal friend OF Inspector Mclaughlin, the
uniformed head Of the force in Brooklyn and
Queens. He is connected with the Grand-ave
station.
On the night of the assault O'Rourke had been
TO the theatre and afterward went to dinner
with several friends in Bedford-ave. About j
o'clock in the morning he left his friends in
front OF the Union League Club Ten minutes
later opposite his home. No. 9S1 Bergen-st.
O'Rourke passed Callan. The latter was with
woman. and addressed ORourke, saying What
in -- are you looking at?'' A moment later
O'Rourke was struck blow under the jaw by
the policemans night stick. This was followed
by blow on the side Of the jaw The patrol
wagon was called and O Rourke was carried to
the station. where a charge of intoxication was
made against him. Sergeant Gregory ordered
him locked up in spite of his pleas for medical
attendance. At 3 O'Clock the sergeant became
alarmed and had the injured man removed to
the Seney Hospital 1t seven weeks before
ORourke left the hospital
Charges were preferred against Callan. and
he was placed trial on May 21 He admitted
having arrested o'Rourke. who. he said, was
intoxicated. The assault. however, he denied
and he declared that ORourke had been in
jured by falling. Ambulance Surgeon Dancy'
of the Seney Hospital. testified that O'Rourke's
jaw could not have been broken as 1t was by
a fall Two witnesses testified that they saw
the policeman strike O'Rourke.
At the end of a three days hearing Mr.. York
reserved his decision. Six weeks later the de-
cision was still reserved. Captain O'Rourke'
who was an officer in the 47th NewYork Vol
unteers and the Hubbel Command Of Spanish
War Veterans. asked Mr.. York to render a
decision. He continued 10 hold it up Mean
while the powerful police influence was working
in Callans behalf.
Captain ORourke said yesterday:
The decision is jus; what I have been expecting
Tor weeks past Gallan b9asted at the outset that
talking about; he knew his man: York In
bringing the charge against Callan was not
thought ii my duty "A citizen TO bring him 10
justice. to deter him and other policemen
from repeating his brutal action
An effort has been made TO make II appear that
! and my friends had brought the influence or the
Masonic fraternity to bear in this case. ! am a
member of half dozen organizations, but never
asked a member OF airy of them TO open his mouth
was necessary for an American citizen to exert
obtain justice from public official. sworn 10 pro
tect his fellow citizens frem injury. personal and
otherwise
Callan has admitted TO his friends in the Ninth
Ward that he struck This Is common talk ia
that section. Ever since the trouble began he has
been laughing in his sleeve the idea Of bring
ing charges against him He knew Mr.. York and
the influences controlling him. Now II is that
realize my error in bringing my case before Mr..
of ward politics. ] should have known better than
10 trust 10 men whose continuance In office is
menace TO the public welfare. This case is not
settled. and will be until IL is settled in accord
ance with the dictates of justice
Deputy Commissioner York refused last night
to discuss the case he has done repeatedly
He said that he had dismissed the charges two
weeks ago. but did not say why he had neglected
TO announce his decision.
Deputy Commissioner York would have dis
missed Callan from the force at once said a
man familiar with Democratic politics last
night, If IL were not for the fact that he hopes
TO run for county judge this fall. He is doing
everything TO curry favor with the police in
order 10 have their support"