June 18, 1962
Samuel E. Clark, 39, who has charged that police beat him, testified today he was also kicked by policemen in Division 2 after his arrest Memorial Day in front of his family home at 111 Jefferson Street.
Clark was the first witness at a public hearing in City Hall today inquiring into the charges of police brutality.
The hearing nearly ended before it started when Mr. Clark’s attorney, Peter Pryor, threatened to walk out if he were denied the right to question Police Chief John P. Tuffey about “information he might have relative to the charges.”
Ruling Amended
Mr. Pryor had attempted to call Chief Tuffey as his first witness but Police Commissioner James Kirwin, in an amended ruling, said the chief would be available if Mr. Clark, through his testimony, provides reasonable cause.”
Commissioner Kirwin first ruled that Chief Tuffey would not be available as a witness because under the law in the event the commissioner were unable to act the chief would take his place.
After much legal wrangling between Mr. Pryor and his associate Arthur Harvey, and
John Row, counsel to the police commissioner, Chief Tuffey finally said he would “have no objection to testifying.”
No Previous Arrests
Clark, Wearing sun glasses, took the stand 45 minutes after the hearing was called to order by Commissioner Kirwin.
During the preliminary questioning, Clark said he had been a postal employee in Hartford, Conn. For the last four and a half years.
He said he had never been arrested before.
He said he was in Albany on Memorial Day to visit his family -- his mother, two sisters and a brother -- at 111 Jefferson Avenue.
He said he was arrested by a “Patrolman Loomis” between 8:30 and 9 p.m. in front of the house. A police van, containing two other officers, whom he did not name picked him up and took him to Division 2 headquarters on Arch Street.
“When the van arrived at Second Division the back door of the van was opened by a police officer and he asked me to get out.” said Mr. Clark.
“Did you have any bruises or marks on you before you were arrested?” Mr. Pryor asked.
“No, I did not. “ Mr. Clark said and added that he is in good physical condition.
Once inside the station, Mr. Clark said he was asked by a police officer to face the desk.
“The officer behind the desk had a pad and he asked me my name.”
5 Policemen Present
Mr. Clark said there were five policemen present in the station house. The officer who arrested him, the two from the van, and two others behind the desk. He said he didn’t know the names of the officers behind the desk but found out later one was a lieutenant.
He said one of the officers behind the desk began to question him about his name, address and other related information.
After giving the preliminary information, Mr. Clark said he was searched by police officers.
“How much money do you have?” a police officer asked. “Approximately $8.86, I think. I don’t know,” Clark said he told the police officer. The police officer, Clark siad, counted the money in the bilfold and then the change. “ You have 96 cents not 86 cents, ”
He quoted the police officer as saying.
’Policeman Struck Me’
Then a policeman standing to my right slapped me with a terrific wallop across the eyes,” Mr. Clark said. He said the blow was open handed.
Mr. Clark said the blow stunned him. “I asked him why he hit me,” he said.
He quoted the officer as saying, “Why can’t you answer a damn question?”
“He slapped me a second time. He took his foot and came down on my right foot. It was the same officer. He kicked me in the instep of my left foot. One officer held me. The officer who slapped me punched me in the stomach five or six times. He stomped on my foot. I was barefooted,” Mr. Clark continued.
“I was still in front of the desk in Division 2. The same officer twisted my arm around my back. He said as he was twisting my arm, “I’ll break your g__ d___ arm off, and he twisted. He then pushed me forward and rammed my head against the wall. “You black ______ you, I’ll kill you, ’ he said.”
‘You Told a Lie’
“I asked, ‘Why are you doing this to me?’ He said, ‘Cause you told a lie.’ I siad, ‘I gave you both my addresses.’
“One of the police officers opened the cell door and gave me a push. My right hip struck the water fountain. The top of my head hurt, my arm hurt, my jaw hurt. My arm was numb. There was no feeling in it.”
Mr. Clark said that later an officer said, “OK Sam, You can come out now.”
“I told him, “I can’t see.’ My eyes were swollen. I couldn’t raise my lids up. He said, “What happened, Sam?” ‘I was beaten,’ I said. The officer said, ‘No policeman beat you.’”
The hospital records in the case were presented to Commissioner Kirwin and the hearing was adjourned until afternoon.