The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1866-07-25

LOWER Town IrExs.-The case Of the
People rs. Jas. P Baker and John II. Row
ley, charged with committing an assault
and battery on John Olds on tie 18th inst.
was tried before Justice Newbro. last SAT
urday. The trial was by Jury selected
from al parts OF the city without reieEenee
70 LEGALITY All The men summoned Is u
rors came and served without any objection
on their part, OF Oh the part OF the People OF
the defendants, thing that seldom or
never before occurred 10 q Justices court ID
this CITY. \ large crowd or spectators
were present, and about . witnesses were
examined. There was also quite number
OF attorneys present summary OF the
testimony would be tedious.
Tie main features disclosed upon the trial.
were that after the great fire OF tie 18th
inst. was subdued. and several hours after
the FIRE company. with their engine, had
gone home, the Mayor sent al order Tor the
company 10 repair with the engine TO the
vicinity OF the subdued IRE, 10 extlnguish
some burning slabs. contiguous 10 the
wooden breastwOrk OF the dam on The east
bank OF the river The company re-
sDonded to the order with alacriiy, and
went 20 work magnanimOusiy. Present
were Jas p Baker, city Marshal and John
H. R0wley. constable the two defendants
and also cOnstables' Dane and Rogers.
When members Of the company became
tired working the engine, the acting Chief
Engineer, c. c. Dodge. and these officers,
would request or order by-standers 10 take
their places. Odds among others was 80 re-
quested OF ordered but refused, replying
to the officers IN very unbecOmiDg Ian
guage, and declaring he would 20 to, the
lookup before be would work R0wley
then arrested him and started Tor the lock
up. On their way there, Odds being ia ad-
vance Of ROwley, passed near the engine
where Marshal Baker was standing and
he put Lis hands upon Oids, or took hold
OF him, and told him TO 20 to work. Baker
alleges that he did not know Odds was then
uuder arrest, and on his wayt to the lookup.
4
and constables Dane, Rogers and ROBley,
and ROwley son, and Marshal Bakers son,
were acting as assistants to Baker, or as
cOnseryatOrs of the peace. Result: Odds
came of second best. aud the other SIX
first best, aud Olds under Roadway again
for the lookup, but after going few rods
be was released Ii seems that the officers
acted in good faith that they we're duly
authorized under the city charter TO order
by-standers to aid in putting out fires and
10 arrest them If they refused, but m fact
they had no such authority, the Common
Council having neglected to pass an Ordl-
nance TO that effect This fact pointed out
and conceded by the Attorneys, showed
that the officers were not justihable IN
making the arrest and would be liable in
trespass for false Imprisonment; but they
were not under trial for this, but on charge
OF having committed an assault and bat
terry. Tie main question then for this jury
was. did the defendants with improper
heat OF passion, evaporation and fury of
temper, SO abuse Olds as to be guilty Of
this charge The verdict Of the jury was
that they found Rowley not guilty, and dis
agreed as to Baker. On the 23d inst, the
whole matter was amicably settled and
costs paid.