The Trinity times., 1855-04-14
Trial Of Police Officer Walton for
Murder.

We extract, from the Sacramento Cnion,
the following repor. Of the trial Of L. W
Walton, police officer OF Sacramento City.
on an Indictment for shooting a man named
Michael Reid On the night Of the 2lst De-
cember last.
Judge Monson, in his charge to the jury,
explains, very clearly! under what circum-
stances an officer Of the law may be justiGable
in taking ,he life Of person attempting to
resist or escape from an officer,
The testimony was wholly confined TO the
admissions ol the defendant before the Coro-
ner's Jury. The facts, developed, are as
follows About midnight on the night in
question, defendant met the deceased on
Front street between l. and VI streets, pass
ing along, and carrying sack Of potatoes.
Defendant knew dec ased TO be a common
thief, and accOsted him, enquring what have
you got there! Deceases made 10 answer,
dropped the sack, was caught by the vest by
the defendant. but subsequently broke away,
tearing the garment, aud fled to a point on
the levee, between NJ and n streets, where
be iel and soon aiteFWaTd- died, from the
etiec'a Of two pistol shot wOunGs inflicted
meantime by the defendant. Coroner Smith
was impressed with he idea that the defend
ant admitted at the ! that he was cog
nizant Of the content ol the sack and con
scqucntly that the defendant, at most, was
only guilty Of msdemcanor. DR.. Sm'tl
who was al,o present at the inquest, did moi
remember the testimony Of the defendant on
that point but Officer Atchison was confident
that he made no such admission The trial
commenced at 10 O'Clock, A. NJ, and the
Jury retired at about ~ O'Clock, +. Nj
Messrs. Smith and Ferguson appeared for
the defence, and j. II. Hardy, Esy. for the
prosecution.
The Judge, IN charging The Jury, remark
ed, that in order that the defendant might
take advantage Of any errors Of the Court
thcr, in, he had reduced the charge to writ
ing that it might be filed with the papers
aud be submitted to the Supreme Court on
appeal, if any were ken, and thereupon
charged jury follows:
The prisoner at the bar stands charged with
the crime Of murder. The killing or homi-
eide IS admitted, but the prisoner SETS up in
defence, and in justification thereof, that he
il a police officer, and that the killing took
place while he was engaged in the pc. or
nance of his duty. The law, gentlemen, in
vests ministers Of justice, police officers and
coustables, with a peculiar preroeatye when
and while engaged in the proper discharge
Of their duty the law protects them and it is
but right and Just that they should be 50 pro-
iected 1t is necessary for the maintenance
Of the pub nc peace, for the protection Of c
and property, aud for the detection and pun
ishmcnt Of offenders But while the law
protect them in the discharge Of their d uty,
1t does so only when they proceed regularly,
and act within the scope Of their authority.
II affords them DO peculiar protection when
they exceed it. II they 60 beyong proper
line Of duty, the act p ices them without the
pale Of the protection OF The law. An officer,
no more than amy other man, h no right 10
take life recklessly or wautoniy. il q felony
be committed, aud the fel0n tly f,o ON justice,
it is the duty Of the officer TO endeavor to
overfake and arrest him; # after using his
best cudeavurs, this cannot be done without
killing, the othcer Is justified IN so dong.
The same rule holds good, where tclon,
alter arrest, breaks away from the oulcer.
But where the offence committed Is not d fell
OnY, where IL is - mere mlsdemeanOr, and
the offender breaks away from the OtlccP ana
flies, aud the officer finds it lmpossb bic TO overs
take HIM, he has no right TO Kill, but must
suffer the offender to escape The law does
not Justify the taking Of life for the conmls-
sion Of misdemeanor 1t, therefore, be-
comes necessary for me, gentlemen, to IN
struct you as to what Is felony, and what IS
a misdemeauOr.
a felony is defined by our sta lte to be a
public offence punishable by death, or imprl-
sonment in tho State Prison. Every other
offence is a misdemcanor. 1t is admitted,
gentlemen, and the evidence establishes the
fact, that the deceased had committed a theft;
whether the theft amounted to oaicIony or not,
depends upon the value OF the property stO-
len. If it equalled or exceeded IN value the
sum Of fifty dollars, then the thcit amounted
10 a felony, because the offence WIS punlsha-
bic by Imprisonment in the State Prison. II
it was under fifty dollars, the theft was mere
mlsdcmeanor, iuasmuch as the same was not
punishable by Imprisonment in the state l'rl-
son. The FIRST question Tor you to consider
aud decide, after YOU retire to the jury room,
will be, had the decc;scd committed felony
at the Time he was X llcdl You viii have no
difficulty, apprehend, in d, cdng this point,
If YOU decide IN the negative, you viii then
inquire, had the prisoner re; enable grounds
10 believe that the deceased had committed
a lelonyl for, gentlemen, | shall charge you,
that if the prisoner had re-; enable grounds
To believe that a felony had been committed,
and lhat he used every reasonable effort 10
overtake the deceased before he hred his
pistol, that then, the kii NJ was lustt1ble.
mere suspicion, however, that felony has
been committed, is not sufficient to justify an
officer IN killing, if 1t should afterwards APP
pear that uo felony had been committed
The suspicion must be reasonable oue-
sufficient to satisfy the mind OF attentive,
reasonable and prudent men. Officers must
exc cise caution and prudence before they
pro ~cd +. eNtremites. Dld the prisoner,
asaid ask, have reasonable grounds to believe
that the deceased had committed felony
Tins is question Of fact for You to determine.
on must examine the evidence, and then
decide The deceased was found 10y the ptI-
soner with bag Of potatoes ON his back
when arrested, the deceased dropped his
bag, broke aN ~ from the prisoner and ran.
Dld the prisoner know what the bag con
tanedi II be did, had ae reasonable grounds
10 believe that ll.ony had been committed