New-York tribune., 1910-01-19
MANN FOUNDGUILTY
MAY BE DISMISSED.
PatroIman Denied Charges of
assault and Intorication.

Patrolnan John W. Mann, of the Mercer
street station, was found guilty yesterday
by Deputy Commissioner Walsh on the
charges OF intoxication, assault and con-
duct unbecoming an officer while on duty
at Broadway and 18th street on the night
of January s. When the testimony all
in Deputy Commissioner Walsh took only
a moment to consider.
II find the accused patrolman guilty,
he said. ION all charges except that of
assaulting Mr.. and Mrs. Periey P. Hayes.
who were not present 10 testify to-day. I
will not disclose my recommendations 10
the Police Commissioner AT the present
time
In view OF Mayor Gaynor's recent letter
TO the Police Commissioner in regard TO
the Mann case il is regarded as certain
at Police Headquarters that Mann will be
dismissed within day or two at most
The case was heard in the trial room at
Police Headquarters Captain Dominick
Henry. in charge of the Mercer street sta
tion. preferred an additional charge Of dis
obedience of orders against Mann because
the latter failed 10 appear on time for
trial on Friday. Pleas of not guilty were
entered by Mann's counsel Louis Grant.
to all the complaints.
Eight witnesses were present to testify
against Mann yesterday. but another eight
did not answer when their names were
called 1t was charged by Captain Henry
that at Sis o'clock on the night in ques-
ton Mann was intoxicated when he at
tempted 10 arrest William H Huston. OF
Brooklyn. for alleged intoxication, and that
when several persons who were passing by
demonstrated with him for his rough
handling of the prisoner he assaulted them
and was otherwise Objectionable.
Lieutenant John Shea. who was on desk
duty when Mann reached the station with
his prisoner, said that in his opinion Mann
showed signs of having been affected by
intoxicating liquors. Captain Henry. DR..
DonIin, the police surgeon who attended
Mann, and Sergeant Rufus J. Deyo testi-
fed that Mann showed signs Of being in
toxicated, and was unable 10 stand long
on one foot during the examination
Mrs Mary Switzerland. of No 500 West
10th street said that on the evening in
question. when she and her husband were
| looking into store windows at 18th street
/ and Fourth avenue, they saw Mann in
! charge of Huston He and his prisoner
/ staggered out 18th street toward Fifth
avenue and at the middle OF the block
/ she said Mann jann1ed Huston up against
/ q building and hit him in the face with
/ his fist moment later Mann and his
/ prisoner fell TO the street. and when
/ Switzerland remarked to Mann Shame on
/ YOU continued Mrs. Switzerland. Mann
/ struck her husband. and then she hit Mann
/ with her muf in the face Switzerland
/ followed his wife. and corroborated he1
/ testimony, adding that he thought Mann
/ was drunk
! William J. Huston, of No. 66 Pierreponr
! street. Brooklyn who was arrested, ano
/ upon whom the alleged assault was made
was called next. He said that he had
been with friends in cafe in 14th street
and that he could remember little OF what
happened. He said that he didn't remem'
her anything about the alleged assault
and the first thing he remembered wal
when he was taken 70 the Mercer street
station.
Oscar Orr OF No. 23S West 18th street
Leo Webber. of No. S22 East 4th street
| and Julius Seitmar, of No. 353 Seventh
avenue. told of what they saw Of the as
sauIt. Two of them said they saw Mann
strike his prisoner. and all thought th'
| policeman was drunk at the time
AS Patrolman Mann took the stand th
J door of the trial room opened, and severa
men. said 10 be the accused patrolman
witnesses, filed into the room Deputy Com
missioner Walsh looked up in surprise and
said:
Mr.. Grant, I thought it was at youl
request that all witnesses were exclude'
from the room?"
The men fled out again quickly.
Mann in his own behalf. denied eacf
charge, and told of this thirteen and a nal
years service on the force He told nov
Huston followed him for block. urs1nt
him TO have drink. after he had oeen Oh
rected 20 the subway, until ne nhaA-
nlarad The man under arrest