The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-01-17
SERGEANT !.
ACCUSED OF USING
CLUB TOO FREELY
Charges Of Brutality to be Filed
by Alderman Tingley Against
Miller; Shows Battered Pris-
oner TO Fellow Councilmen.

Charges Of brutality. based on two
cases OF alleged unJustined clubbing,
are 10 be nled against Police Sergeant
n. NJ. Miller. according to official an-
nouncement made today by Alder
man Clyde Tingley.
According to the allegations. MIL
Ter slugged two prisoners Ia the sta
ton house under circumstance that
did not warrant the use Of his club.
The alderman IA moved to act by
what he learned today OF the case uf
Nicanor Hernandez. arrested last
night at the Santa Sc station for
drunkenness.
Hernandez Is a slender little q
a head or more shorter than Miller.
lie was brought to the station house
at 1889 o'clock this morning hy Po-
licomau Mainz. who went 10 the as
sistancc Of station Master Draper
when the latter mad the arrest at
the railroad station. Alderman Ting
ley saw the little prisoner thus norm
ing. His head was laid open In two
places and there were bruises ON his
face. The cuts were crusted with
blood, and tho alderman was told
that Hernandez had been allowed 20
10 al night without attention There
was blood on the O OF the sta
ton house. Ia front Of the CHIEFS
desk. according 90 the alderman.
Tingley's Indignation rose when he
began probing the case, He called
IN Aldermen Switzer. DE Tullio and
Gilbert and showed them the batter
ed prisoner and had a photographer
take q picture OF hernandez. While
Alderman Tiuglcy pursued his in
i-yestigatiuu Of the case Alderman De
iTullio called in Or Hust. who bound
up Hcrnandez's head.
According 60 Alderman TIngley.
Miller lost patience with Hernandez
when searching him after he was
brought 20 the station house, and
started clubbing him Without mercy.
From what | have been able 20
learn" said Alderman TingIey there
was no justification whateyer for the
clubbing. Not only am / convinced
that the man offered no resistance in
the actual sense OF The term, but
Miller is big enough To have handled
him with one bare hand In any Kind
VI an oihlNdIA WhN-Np'
'"The case is paralolled hy n I
saw myself I'm the station mouse the
night before when Fernando Garcia
was dubbed. I am one of those VINO
got Garcia TO SO into the station house
AFTER he wandered about the city
hall corridor He omcred no resist e
apce To Miller when the latter started
TO search him. he merely sagEed Ike
an unhandy sack. az q drunken man
VIII. and Miller started hitting and
clubbing him without any provoca-
tion justifyinE such action. lie hit
him twice with his nightstick. and
then. not satisfied with that, he de-
llberatoly hit him again.
Il have heard that such things
went on, and ( made mp my mind
that when ! learned anything with
sufficient basis 10 support action |
would take steps In a hurry to put
an end 10 that state ot affairs. ]
have seen enough with my W eyes
and learned enough from investiga-
ton TO convince me mat IN Millcr's
case, at least, drastic action IL ueces-
sary.
1T is no more than iair TO say in
this connection. especially since ne
is out of town. that I'know Chief Ca
lusha dots not Condonc In any de-
gree such action a. Millers. ! am
going to lay charges against Miller
before Chief Galusha when he comes
back tomorrow, and | am sure tins
chief viii act ut once II on the re.
ques, 20 suspend him.
There was Il report about tho citN
hail that Miller would be given hii
choice Of ~reslgnipg or standing trial
J Hernandez was committed Tor nv
days this morning. To- keep him ur
der the doctors care The undo
IL standing was that hc would loay,
IS town when freed.