New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-05
Department Rules Imperil
Patrolman Who Yields
Nightstick.
BAFF'S SON SEEKS
REVOLVER PERMIT
phone Call Is Clew in
Death Plot-Bluecoat's
Fists End Duel.

Members of the uniformed police
force yesterday we're inclined to treat
the most recent uttersnces OF Mayor
Mitchell and Police Commissioner
Woods as 20 the Justification OF the use
of nightsticks and revOlvers in dealing
with gangsters as a "grandstand play,
as one captain phrased IT, which rs the
direct result of the newspaper criticism
evoked by the murder OF Barnet bau'
the wealthy poultrymsn.
This captain, who for obvious reasons
asked that his name be kept secret,
pointed TO the existence of Paragraphs
ITO and 172 in the book Of police rules,
which specifically provide that the mere
act Of clubbing a prisoner constitutes
an unlawful act on the part OF ponce
man, for which be can be severely
punished.
Rule l72 specifies that II a charge Of
assault is made by any prisoner against
q policeman the desk lieutenant shall
at once make an entry of the complaint
upon the station house blotter and
notify the inspector of the district,
after which the telegraph bureau az
P.lioe Headquarters shall be informed
and the charge laid before the Police
Commissioner.
AS long as those two rules remain
In force" said the captain, lit is use
less for the Mayor and the Commits
sioner 10 tell the policemen to use their
nightsticks in dealing with thugs.
These rules are blanket provisions
which cover any and all cases. An ap-
peal TO these rules means that patrol
man must lose several days of his own
time when off duty TO appear before the
inspector and later before the trial
Commissioner on charges. Even
though he is eventually sustained, no
policeman is going TO take the chance.
IAN excellent example Of the manner
in which these rules work" continued
the speaker, "is shown from the eX-
perience of certain patrolman who
was sent out TO clean up gang OF
rowdies on his post who had been an
noying women and against whom nu-
merous complaints had been received.
The policeman attempted to drive the
gang away and a fight ensued, in the
course of which he used his nightstick
upon the ringleader and succeeded in
taking him as prisoner to the police
station.
Revenge of Gangster.
"The gangster was arraigned in court
the following morning, found guilty Of
disorderly conduct and sentence was
suspended. He thereupon filed charges
against the patrolman, who, after being
brought up on the carpet before the in
spector and the Commissioner, was
finally brought to trial. He visited a
number of storekeepers in the vicinity
of the corner on which the fight took
place. all of whom had witnessed the
l. I ksr,, hrrs h 81
and who agreed that the clubbing had
been justified. When asked 10 appear
and testify at his trial, however, they
declined TO be involved, alleging that
If they did so the gang would most
certainly make reprisals and their show
windowc would be broken in the early
morning hours.
THE policeman went TO trial and was
fined thirty days pay, which to-day
stands as a black mark against him
and is an obstacle TO his advancement
IN the department.
'Even a better instance of the man
ner in which the rule works is shown
from the exper ence Of a policeman
who, under the administration Of Mayor
Gaynor, used his club upon 'Owney'
Madden IN breaking up fight. Madden
is now in the Tombs, charged with
Of Little Patsy Doyle last Saturday
night. Madden wrote letter to Mayor
Gaynor, who referred the case to Com
missioner Waldo. The policeman was
brought up on charges and was fined
twenty days pay.
"Still another illustration can be
cited in the case Of a patrolman who
arrested Terry Reilly, the East Side
gang leader, on a charge Of assault.
Reilly put up fight and the policeman
dubbed him into submission, and was
later brought up on charges preferred
against him by the gangster.
"Now, if Mayor Mitchell and Com
soner Woods are on the level regard
ing the use of nightsticks, why don't
the reseind these rules and substitute
one which will protect decent citizens
from possible police brutality. If a
rule was formulated 10 the effect that
no complaints Of clubbing should be
entertained from prisoners who have a
record of two or more convictions
against them the cops would know that
the new regime meant business. and at
the same time no decent citizen would
suffer"
Seek to Trace Call.
Detectives from the Central Office
bureau yesterday were searching the
records of the New Jersey toll-board
telephone exchange, seeking to trace
the source Of a message sent shortly
after the murder of Barnet Baf, the
West Washington Market poultryman.
10 q certain business rival OF the dead
merchant at the freight yards in Jer-
sey City.
Harry Baf. son Of the murdered
man, visited the Harlem Police Court
yesterday afternoon and requested
Magistrate Cornell 10 issue 10 him q
remit 20 carry revolver. He stated
that Captain Arthur J. Carey, head Of
the Homicide Bureau at Police Head
quarters. had suggested that he make
tho application. Magistrate Cornell
said that he would have 20 submit the
request 70 Chief Magistrate McAdoo.
When asked Il he had received any