The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-08-14

CAPT. KELLY MAD
He Intends to Stop People
Accusing His Policemen
Of Brutality.
JOHN PHALEN'S CHARGE
He Claims Policeman Gordon
dubbed Him Without
Cause.
JOHN PHALEN'S CHARGE

/ John Phelan, twenty-seven years old, of
| No. 9l3 Fifth street, was a prisoner in
| the First Criminal Court this morning,
| arraigned before Police Justice Hoos,
| charged with being a disorderly person
and with resisting arrest. The case de-
yeloped into one of the most sensational
and interesting kind because of the
| charges Phelan made against Patrolmen
Gordan and Buckbee or the Second pre-
| cinct police. He said that he was arrest-
led without any cause, and that while
4 he was protesting against the arrest he
was brutally beaten and rendered un-
| conscious. This is the second time in a
week that officers of the Second precinct
have been charged with slugging, and
Captain John E. Kelly has decided to put
an end to what he considers unwarrant-
ed complaints against his men. Phelan' 5
charge was corroborated by three wit
nesses. whose credibility were attacked
fiercely by the police and shaken. The
star witness for the police was a young
man, who. it is believed, can, by his tes-
timony alone, overthrow the weight of
the defendants defence. Captain Kelly
is so positive that his men are being
maligned and that the defendant and his
witnesses committed perjury while on the
stand that, he says, he will go before the
Grand Jury and have them indicted.
Phelan was drunk Sunday evening
shortly after O'Clock, it is charged. He
was sitting on the stoop of No. 70 Coles
street with Paul Ltnoki, an apprentice
barber. Phelan fell asleep just before
Policeman Gordon passed the stoop and
ftka nff nd fa1d 10,
go home Phelan, Gordon and Linoki tes-
titled, became ugly and refused to obey
the officers order to leave the stoop,
saying
"I wouldn't move for a Harp like you.'
Who's a Harp?" Gordon asked.
"You are, and you can go to -" re-
piled Phelan.
IF you are not careful I'll place you
under arrest" said Gordon.
81 don't care. You're a Harp and
wouldn't allow you to arrest me-"
Thereupon Gordon took hold of Phelan
and the latter resisted him.
The men struggled Officer Buckbee
arrived just in time to see Phelan punch
Gordon in the mouth, splitting the Off
GERS lips. Gordon pulled his short club
and hit Phelan behind the ear, knocking
him down unconscious. Then the patrol
wagon was called and the prisoner was
taken to the station house. Captain Kelly
was behind the desk, ana ne testified that
Phelan was in a stupor and drunk.
81 went behind the desk and brought
out bottle of spirits of ammonia and
placed it under the prisoners nose to
bring him to- said Captain Kelly. HE
had no marks on him to show that he
had been unnecessarily mauled. When
man renders himself liable to arrest it
is the bueiness of a policeman to arrest
him. He should haYe been sent to the
hospital instead of 70 the station house
for resisting arrest and striking an Off
cer.''
Phelan testified. that he had done moth
ing to warrant arrest and that he had
been punched and kicked by the police
men without any cause. He said at first
that he had never been arrested before,
but he soon remembered one occasion.
The police say they can prove half
dozen occasions.
witness for the defence, but she said she
could not tell just what happened be-
cause she did not see it ALL
Mrs Mary Tileon, who now lives at No:
40 Gregory street, but lived at No. 80
Fifth street at the time of the trouble,
proved an entertaining witness.
She was very eloquent. She told, with
much force, that Phelan was an unoffen-
sive youth who was in danger of arrest
without cause, and that he was brutally
beaten and dubbed While offering no re-
sistance. Captain Kelly took the witness
in hand after Counsellor Bowen, for the
defence had finished his cross-examina-
tion.
Have you ever had any trouble with
the oolice?''
mo, SIR
Were you ever arrested?"
mo, sir. Yes, sir. Once 1 was arrested
on charge of drunk and disorderly, and
T !, h eit,ly in Uda T.
What was done with you in the morn
ing in this court by Judge Hoos?"
oh! well, you know you can't get any
satisfaction in court
'fWere you found guilty?'
'sNo. I was discharged
seHere Judge Hoos broke in with
s5ksDon't you consider a discharge suffi-
cient satisfaction from the court. Here
after the court will have to give s. bills
to all discharged prisoners to warrant
satisfaction
on the stoop and that Gordon had told
him Ito go home, whereupon the prisoner
became abusive and called the officer
harp.
sellor Bowen.
..IIe mad a little skate on
..Wlat do you mean by a little skater
well, he was not fully skated but al
"What did Phelan say to you on the
stoop?''
Il asked Elm IOQr cigarette paper to
cover these sores ON my lip and he asked
me if l had any tobacco. said did not
smoke
WAS Phelan unconscious?'
Eyes For about fifteen minutes ne was
unconscious. The officer hit him after
he hit the Officer
Captain Kelly said:-'We admit that
the officer struck him because it was
necessary. He should have hit him. II
Phelan was not guilty Of any an eaas Wrong 90 o.
rest. He was drunk and now he comes
here and denies all these facts and In, NJ
themselves. 1 shall have them all indict-
ed if they are guilty. II their charges
against the policeman are true we want
to know it, and we will punish them But
we will not allow these, charges 70 go
unchallenged am tired of hearing po-
licenen charged with assault. l intend TO
fight this case to the end.
Captain Kelly's motion to lay the case
over until Friday morning at eight O'Clock
so that he might get more witnesses, was
granted.
LEADER DkVlS'S VACATION