New-York tribune., 1901-03-15
THE RIGHT TO CLUE.

The logic of a police court decision on
Wednesday last is not quite so convincing and
reassuring might be wished. The case was
in which policeman had violently dubbed
a citizen who was one of n crowd surrounding
a drunken woman on the street. The police
man said he had tried to arrest the woman.
when the man interfered to prevent him
from doing his duty; wherefore he struck
him and arrested him. The policemans story
was corrobOrated by other policemen. The Citi-
zen who was dubbed declared. on the other
hand that he had not intcrfered. and that he
was dubbed merely because he and other by
standers did not move on" as quickly as the
policeman thought they should. This story was
corroborated by other citizens who Witnessed
the occurrence. The judge in his decision said
he did not believe the policeman's story about
the mans attempt to interfere with his dis
charge of duty, but at the same time he be-
leved the policeman had. in accordance with
his duty. endeavored TO dsperse the crowd
He then discharged the man who had been
dubbed, and thus ended the case, the policeman
going out Of the court ''vindicatcd.'
1t would be most unfortunate however, for
such a decision TO he regarded as a vndcaton
of the club welding policeman. Or as sanction
ing the precedent for future action in like cases
contrary, the policeman was guilty of a brutal
crime, for which he should be severely pun
ished. For if the man did not interfere with
the policeman in his discharge of duty, then
the policeman had no right to club him
Indeed. he would have had no right TO do so
had the man thus interfcred. unless the man
had used extreme violence. For a policeman to
club a man for not moving on" or for not
doing so as quickly he thinks he should, or
to club the members of a crowd for not diSpers
ing at his word, is nothing less than assault and
battery, for which the policeman should be
punished just any one else would be who
went upon the street and dubbed passers by
without canse. If the judge sincere in his
belief that the man had not interfered with the
policeman it seems deplorable that he did not
advise the immediate making of charges against
the latter for Illegal violence.
Whatever may be the facts in this particular
case, ii is unquestionable that many policemen
in this city are entirely too free in their use
of the club. With them it is "a word and a
blow" If man does not move on, or n crowd
does not disperse. the instant the word is given
out comes the club for brutal use. If person
on being arrested hestates or demurs in the
slightest, he is promptly dubbed into a state of
helplessness. If a dense crowd at any public
spectacle chances to surge a few inches over
the prescribed line. out fly the clubs to thrash
the foremost rank, as grain is thrashed with
fails. 1t is abominable bit of brutal tyranny
and every policeman guilty of it should be
promptly transferred from "the force" to the
penitentiary. There doubtless times when
clubs must be used, and used with the full
force of brawny arms. But they are infreauent.
As rule, the club should be used only as last
resource and not-as is now often the case
as a first resource and on the slightest provo
cation.