The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-07
DENOUNCES POLICE =
FOR CLUBBING |. W. W.
Magistrate Freschi Says Course
ut Union Square Meeting
Was Unjustified.
O'CARROLL rs DISCHARGED
Three Defendants Found Guilty
Others to Be Tried To-
day-Mckay Silent.

Magistrate Freschi in the Mulberry
street court denounced tho police yester.
day for. clubbing !. w. W. and anarchis,
followers In Union Square on Saturday
afternoon. After hearing testimony In
Ave cases and dIscharging two Of the
nine persons arrested he said that nothing
related in court had shown him the neces.
sity OF the clubbing.
The Magistrate freed Wild Joe OCar.
roll. who showed wound on the back
Of his head that required six stitches
saying that the evidence agains, him was
weak. He also discharged Samuel Rap
paport, a neatly dressed young man. He
found Adolph Wolf. sculptor and poet. and
vincenxo Minella guilty of using threat
ening language and remanded them until
Wednesday for sentence. He fined Joseph
J. Cans. who carried a banner. $40 for
disorderly conduct.
Calls Clubbing Cnjustined.
THE testimony submitted to me to-day
said Magistrate Freschi. as lie walked
down Lafayette street after court.
showed nothing to Justify the clubbing
testimony against O'Carroll was exceed
ingly weak and could do nothing hut
let him CO." O'Carroll denounced the
Magistrate recently In speech.
''when necessary the police are justified
under the law In using force In making
arrests" continued the Magistrate. THE
evidence to-day showed that none of the
persons arrested made any effort to free
themselves after tLey were placed under
arrest. II showed also that O'Carroll
was going about his business when ar
rested. Under those circumstances there
was no need Of clubbing. am told that
the patrol wagon"
In court, after hearing the testimony
in the case OF O'Carroil. he said: II
am impressed with the stories of the wit
nesses for the defence. I believe that
the defendant is guiltless Of dlsorderly
conduct or melting to riot. The stories
II the witnesses are that OCarroll was
brutality assaulted. and ] call on counsel
to the defendants to find out just what
policemen were guilty OF the brutality.
Ours is a Government of law. not of men
or Of police"
Judge Upholds O'CarrOlI.
~ do not know that OCarrol, is a
member of any organization. under
stand that he Is a member of the J. w W.,
hut 1t must be borne in mind that this
has no reevance 10 the case at all.
lie is entitled to the protection of the
laws So long as he conducts himself in
IN orderly fashion. According to our
city laws no permit was necessary for a
meeting in Union Square, and II has
been shown that O'Carroll conducted him
self in an orderly manner. ! am not in
sympathy with the ideals of these men.
but that has no bearing on the case at
ALL"
were Detectives McGannon and Dawson.
who said they came across O'Carroll and
a bunch of his followers at Fourteenth
street and Fourth avenue. They asked
him II ne had a permit to parade. they
said. and he replied. ITO hell with "A
permit" They charged that O'Carroll
hit one of them in the face.
O'Carroil testified he had gone to
Union Square to attend a meeting and
that Alexander Berkman had called the
meeting Off because another meeting was
IN progress. He said he started down
Fourth avenue and was at Fourteenth
street when accosted by the detectives
He denied that he had been asked IL he
had q permit. but one of the sleuths had
said. We'll get you,' and applied a vile
epithet
Tells Of Police Brutality.
He said that one OF the men hit him
over the head from the rear and that
another punched him. When placed in
the patrol wagon. he said, he found there
Arthur Caron, another I. w. w. follower.
with wounds on his face. He said he
tried to comfort Caron but that de-
tective jumped on Caron and beat him.
Alexander Berkman. Carlo Tresca and
other ]. w. w. and anarchist sympathz-
ere were In court.
The other cases will be heard this morn
ING.
Police Commissioner Mckay refused to
lions.
There were too many sore heads among
the I. w. w. leaders as n result of the ses-
sion in Union Square on Saturday for
much enthusiasm at the nightly meeting
in Rutgers Square last night. Wild Joe
O'Carroll. Arthur Caron and several others
did not appear.
Charles NJ Plunkitt. one OF the l. w. w.
speakers. made an address In which he
said that II necessary. n meeting would
be held in Union Square every Saturday
afternoon throughout the summer to ex-
press Socialist ideals.
"There has been much talk OF our using
force,' he SAID. "A big man once said.
Never use force until your cause In strong
enough That In the way with us. We
will not use force until we get stronger.
But we are armed. ! arm armed tonight.
This Is my greatest weapon and II should
be yours"
With that he drew a red I. w. w. card
from his pocket
Plunkitt announced a meeting for to-
morrow evening in Manhattan lyceum at
xxyh i ua
Creel. former police commissioner OF Dem
speak.