Majority
p. 944The People ex rel. Henry Butts v. Charles F. MacLean et al., Police Com’rs. (Supreme Court, General Term, First Department, Filed April 17, 1891.)
Headnote
Municipal corporations—Police—Removal.. Relator was charged with lying down while on duty. The testimony of the roundsman was positive as to the truth of the charge, while relator testified that he sat down to unlace his shoe, but said that he raised on his hand as the roundsman approached. Held, that the finding against him was not against the weight of evidence and should not be disturbed.
Certiorari to review the removal of the relator from the police force.
John M. Tierney, for relator; G. L. Sterling, for resp’ts.
We see no reason to interfere with the finding of the respondents. The punishment inflicted for this particular offense might by itself seem harsh, but when taken in connection with the record of the relator it does not seem so excessive.
The evidence of the roundsman was positive as to the truth of the charge, and although the relator denied that he was lying down, and says that he had been sitting down to unlace his shoe, yet he states “ I raised on my hand ” when the roundsman approached. If he had only been sitting down, it is difficult to see why he should have raised on his hand to see who was ■coming.
The writ should be dismissed, with costs.
Daniels and Lawrence, JJ., concur.