New-York tribune., 1910-01-15
POLICE NOT HELD
SMITH LACKS PROOF.
Bandages, bit No Wounds
Mann Witnesses Gone.

Thomas p. Smith twenty years old,
chauffeur of No 504 West 10Th street. who
was arrested ON Sunday night on q charge
of felonious assault. told Magistrate Ker-
nochan yesterday that he wanted TO make
a charge of assault against two policemen.
who. he said. had beaten him with black
Jacks
Smith had been down to the Mayors
Office earlier in the day to tell Mayor Gay
nor about the alleged assault At the City
Hall Smiths head was done up in ban
dages and he wore the same decoration in
the Jefferson Market court. He appeared
IN the court as defendant on a charge Of
felonious assault, on the complaint Of John
Gerag ghty. of No 194 Tenth avenue. who
charged Smith with having stabbed him
three times while in a saloon at No. l4s
Tenth avenue on Sunday evening.
When the case came up in the Jefferson
Market court on Monday Geraghty was un-
able 10 appear, and an adjournment was
taken until Thursday. Smith was bailed
out by his sister. When the case came up
on Thursday Geraghty said he was positive
that Smith was the man who had stabbed
him. but the case was again adjourned at
Smiths request
Yesterday. after Smiths visit to the
Mayor s ONCE, Or5rdSnLy LGSIIISQ JHdL Nc
was not sure Smith had assaulted him. and
wanted to withdraw the charge Magis-
trate Kernochan refused to allow this.
Smith wanted to press a charge against
the patrolnlan, but, looking over Smith s
past record, which Detective Reed pro-
duced, and taking into account the charge
on which Smith was arraigned, the unagis-
trate refused to entertain a complaint
against the policemen and said that he
would put the case down for tonight in
the night court.
Magistrate Kernochan had Smith remove
the bandages from his head. and the
only mark was small bruise on his fore
head, just over the left eye.
Patrolrnan John W. Mann Of the Mercer
street station, who was due to appear in
the trial room at Police Headquarters at
o'clock yesterday afternoon to answer
to the charge that while intoxicated on
sThursday night of last week ne assaulted
several persons at Broadway and 18th
street, did not show up until nearly two
hours later, and an additional charge of
disobedience Of orders was made against
him.
The hearing was postponed until 10
o'clock next Tuesday morning. Eight ci-
villains, including one woman. and two lieu
tenants. sergeant and Captain Henry were
present 10 CeSIlIy against Mann, and Dr.
Donlin was on hand 70 swear that Mann
was intoxicated the night of the alleged
assaults
The police reported to Deputy Commits
sioner Walsh that they were unable to find
several OF the witnesses who were expected
to testify against Mann. They were P P
Hayes and his wife, OF No. SIS West l4th
street, who were said TO have gone to
Boston; Mabel Faust, who was not found
al No. 226 5th street. Philip E. Meyer, who
could not be found at No. 156 East Goth
street; Frank Rowe, about whom nothing
was known at No. 2114 Third avenue, and
Henry Storm. of No. 729 Cauldweu avenue,
a travelling salesman.
District Attorney John F. Clarke Of
Brooklyn has received from Mayor CIaynor
a communication respecting the charge that
Patrolman James Devon. of the Hamburg
avenue station, Williamsburg. had cIubbed
o. z. Gregory. of No 100 Hart street Mr.
Clarke said he would lend the Mayor every
assistance in putting a stop to police bru-
tality and would ask the grand jury 20
take up the Devon case