June 21, 1962
Assistant corporation Counsel John Roe took the witness stand today during a public police inquiry on charges Samuel E. Clark of Stratford, Conn., had been beaten by Albany police after his Memorial Day arrest on a disorderly conduct charge. But he didn’t testify.
Mr. Roe had been cross examining Dr. Joseph Robinson, a physician who testified he had treated Mr. Clark nine days after he had been admitted to St. Peter’s Hospital when the witness stand incident arose.
"Let us assume you had not seen this man since 1955, Doctor," Mr. Roe began. Dr. Robinson earlier said although he had known Mr. Clark 20 years, he had not seen him since 1955. "And let us assume that he was treated for general ailments and underwent an operation in Connecticut and let us assume he complained he had recurring pains…."
Attorney Objects
At this point Arthur Harvey, one of Clark’s lawyers, jumped up and charged that Mr. Row was bringing forth a series of assumptions. "I know they’re true," Mr. Roe insisted, "I’ll get on the stand and testify."
"I want you to," Mr. Harvey shot back.
Mr. Roe sprang from his chair, motioned Dr. Robinson to leave the witness stand and was sworn in by Police Commissioner James A. Kirwin. He sat down, awaiting Mr. Harvey’s questions.
Lawyers Confer
Mr. Harvey asked the stenographer to repeat the remarks Mr. Roe had made. While the stenographer searched his notes, Mr. Harvey and Mr. Roe asked for a brief adjournment. They conferred privately, and moments later Mr. Roe resumed his role as counsel of the Police Department and Dr. Robinson returned to the stand.
Dr. Robinson testified that on his examination June 8 he noted a scabbed-over area "two inches by one inch" on Mr. Clark’s foot, the only "objective symptoms."
But in producing his records he also told the commissioner Mr. Clark’s left eye and abdomen were tender to pressure, and that he complained of injuries to his forehad, arm and jaw.
"These injuries could have resulted from a beating," he said.
Findings Recorded
It was indicated that Dr. William Pickett’s physical findings, recorded at the hospital, listed cornea abrasions, swelling of the eyelids and photophobia (sensitivity to light).
"Dr. Pickett is an eye specialist," Dr. Robinson said. "He would not necessarily concern himself with arm or leg injuries."
He added he found "Residuals of other injuries" principally the foot scab.
"Could a man who walked barefoot while swimming have cut his foot?" Mr. Roe asked. Dr. Robinson agreed he could have, then brought out that the cut was on the top of the foot.
"Could a man cut the top of his foot while walking?" Mr. Harvey asked.
"It isn’t likely," Dr. Robinson said.
"Could he have scraped his foot on wood," asked Phillip G. Coffey Jr., counsel to the four policemen and a civilian employee.
Dr. Robinson agreed to the possibility.
Mr. Clark cites in his charges that his foot was stomped by the police.
Dr. Robinson further testified that a cornea injury such as the one Mr. Clark allegedly
suffered could not have been caused by the sun, swimming, or an operation.
Earlier in the day two policemen testified that Mr. Clark on leaving his cell on bail, was seen rubbing his eyes and complained of irritation.
When hearings resume at 10 a.m. tomorrow at City Hall, one or more of the doctors who treated Clark may be on hand to testify.