The New York herald., 1921-08-10
POLICEMAN IS Held
ANDOTHERS WARNED
Fitzpatrick Required to
Put Up $500 Bail in
Shooting Case.
SUSPENSION ORDERED
District Attorney Promises
Speedy Trial on Charges
of Brutality.
PROMPT REPORTS URGED
Swami to Obtain Full Justice
for Those Who Can Prove
Accusations.
PROMPT REPORTS URGED

Policeman John B. Fitzpatrick OF
the Charles street station was held in
$4,000 bail yesterday by Magistrate
Peter j. Hating on charges alleging
that he shot William Fogarty, enter
tainer and assistant manager in Gal
lagher's Broadway Gardens, I'll Sew
enth avenue. during q row that &C.
CURED In the restaurant earlier in the
morning. Coincidens with the arrest,
Edward Swami, District Attorney, an
nounced that all policemen accused of
welding blackjacks or of unnecessarily
shooting OFF their pistols in public
places would be speedily brought to
trial.
Three police blackJacking episodes
nnf tfc <aoofing ARRAY in which Fitz-
pfs-f-l figured caused Mr.. Swami 70
decisse there Is a certain amount"
OF clubbing going on all the time. He
urged that all instances of brutality
on the part of policemen or detectives
be brought to his attention, saying he
will see a full measure of justice is
meted out to them.
''The Tighe case has merely accentu-
ated the condition and brought it into
the spotlight" he said. Persons who
have been struck by policemen or other
members of the department should make
prompt report to the proper authori-
ties. ! urge the report of any such
brutality and will see the guilty are
prosecuted IL the evidence Is presented
to me-"
I'itzpatricK disappeared after the
shooting In Gallaghers Garden which
occurred about o'clock in the morning.
and was found at 80 a. NJ. in the
knickerbocker Hospital where he ent
to have cut on his head treated. The
policeman told the physicians he had
been hit with bottle during n fight.
When he was arraigned before Magis-
trate Hating in West Side Court
Thomas Rawinson. Assistant District
Attorney. suggested bail be fixed Mt
$1,000. Joseph Rosenbaeh. attorney for
the policeman, objected, saying the fig-
TIRE was excessive.
mo. sir, bail will not be $1,000." the
Magistrate said. This is a shooting case
and a serious matter. / will make the
bail $4,000. Men. especially policemen,
cannot SO around in restaurants and
public places and conspicuously pull out
revolvers and shoot UP the place in
Wild West fashion,
Two score men and women were In
the restaurant when. it is alleged. Fitz-
patrick drew his pistol and fred three
or four shots. The waiter had just pre-
sented a check to Fitzpatrick for drinks
for himself and three friends. 1t was
for $3.50. which the policeman claimed
was excessive. f'ogaIty rushed TO the
table where Fitzpa trick was sitting and
was hit by one OF the bullets
free for all fight followed in which
furniture was thrown about and a wild
scramble started for the exits a riot
call was sent in to the West Forty
seventh street station. Police reserves
arrived In time to see two men who de-
cribed themselves as Detectives Graney
and Gray Of Inspector William F. Boett-
ier's staff carry Fitzpatrick out OF the
restaurant, which Is in the basement OF
the building. The policeman was lifted
into q taxicab by the detectives, who
said he was their prisoner, and they
started off saying they were going to
Roosevelt Hospital.
Suspended by Enright.
Police Commissioners Enright issued
and directed that charges be preferred
against him. The commissioner was out
however, 70 reporters who wished to dis
c1ss the Fitzpatrick shooting. the
backjacking OF James A. s. Carpenter
an advertising man, at the Polo Grounds
Monday afternoon, or the Brooklyn
murder IN which a policeman is being
held. William J. Lahey, Chief Inspector.
was equally as reticent, referring all In
III.
commissioner.
satisfied he has stirred up an activity
on the part OF certain police officials
which Is bound to prove fruitful He
went to the City Hall yesterday after
noon. found Mayor Hylan was .stifying
before the Meyer committee and was
referred TO Police Headquarters At the
latter place Mr.. Carpenter eaid he was
"sympathetlcally" received and given
every assurance the supposed detectives
who blackiacked him will be prosecuted
20 the limit.
Il do not want TO have anything TO
say" Mr.. Carpenter said. II have been
With the inspectors and | know what
they have done. They are trying real
hard and there may be developments
by tomorrow morning. When they find
the men will go the limit"
An cliort was MADE 10 learn ty what
authority policemen carried blackJaclxs
since they are not counted as part OF the
equipment in police regulations. District
Attorney Swami said that while they
may not be authorized. section 1897 OF
the Penal Law, which is the Sullivan
Law. excludes policemen and peace Off
GERS In general from prosecution for car
rying what the act characterizes as dan
gerous weapons. Among these, aside
from the blackjack. are the siungshot.
sandbag. brass knucklcs and bludgeon.
which. Il appears, all policemen have a
right to carry IL they wish u do so.