Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-07-30
The Power of Arrest nv the Psiice

The i"llnwtug order was issusd las evening
nv HsJ"r Richards ~ ms pTsCinci Lien enan's.
I"Nosihg his lac order IN reference % arrests
by the police
DFYi,K oF M,I,R AND SUPERINTENDENT
W ASHI>s.TOS. July -. - Ti-G,n-rai Drd-r No
2Si- Lieutenant H-Ntrg h-rn assured fro n
proper source Thsr rhs rephr'-d instructions of
The Judge OF The t!rImIraI Court 10 the iury IN
the case OF James BuTu-tt, r-c-n'ly tried for
lsrc"By ard resisting police officer in the dts
charge OF MS DUTY. Is not the proper con .truc-
ton ny law. but that the opinion OF the e. burt
"a tan with reference 10 arrests, a. delivered
November ~, 49,. copy of which has been
furnished yOU, Will he adhered 20 Dy our court,
ana tha' arrests mad" in cIntormiy thereto
Will n" justified nv the court, General Order
No 2l9 is hereby revoked. ami you will make
arrests IN ACCORDANCE with the opinion of the
court IA bGH-. A. a.. RICHARDS.
MAJOR and Superintendent.
judge Fisher, in view OF the mIsapprehaa.
SION or misrepresentation of hIs recent d-cis-
i"n N the Burnett case, which mas led 10 so
much comment, has published the following
siatemt nj, showing correctly what bis ruling
IN nat case really wa:
HIi-d states rs BtrH.p. Indictment for Irr.
csng + PdHtG'ooHs, Id'Sssd a -. san, re.
SAM. Judgment for Rests.iHg on nm r. u
hs Metropolitan E'o'i~.
These two cases We're tried az the SAM tim
by the same rsry. An IRISH tailor nam.d
Grady testified that he had lost pair OF pan
falcons about three weeks before the arrest of
the pTISoser, Ih4t on the day he lost them the
prisoner came into bis shop 10 purchase a .Ir
of pants and vest: that while Ne was waiting
OF The prisoner TWO other men or bows came In,
and after they had left the prisoner told him
hat one OF them a thief, and Oh search
made ne missed PAIR of pintaloons. the
prisoner Va a shown a PAIR OF pants and vest
which pleased him. but sad he had not lutte
money enough 10 pay for them, and left
Inrr~ Was 10 testimony to cast any suspicion
on him Ci having taken the missing pants or
10 come, MN with The other psrtie~. who
came INTO the store aud left abruptly. No yast
was lost by the prosecuting wItIess
The prisoner proved tnat h. had few days
after thIS occurrence borrowed two dollars
and MY cents from his sISter-in-law 10 pay
for Z vest aud par II pant4lo0ns aud Imme-
dIaiely afterwards brought home a pair OF
pants aud vest The pants being produced
M court, were sworn 10 by his sIsteT-!n-law as
the same b. bad % brought home, and she
swore the vest was off the same piece OF gods
or exactly like the pants. Another witness
S~Ore mat he kept pantalOons and vests of the
same material and had sold several pair OF
pants INST like those IN court-ccuId no, saw
10 whom be sold them. Three or tour
weeks after The freshman had lost his pants
the prisoner passed by his shop, going peace
AMY on his business. The lrishmsu, on sea-
ing blm, called policeman (McJJiganl
ard after the prisoner had passed some
distance told the policeman that tue prisoner
mad on par OF pants which had been stO-
len from him. The policeman started imme-
diat|Iy after the prisoner, and fired one bar
rel OF his revolver at him. He SAID he fired
IL III the AIR 10 halt the prisoner. Another
witness " no was near by. SwOre thar A. wLS
hIed directly at The prisoner, who ran OFT
The policeman thea fired another shot a. tn.
pTisoner-not IN he AIR. The prisoner ran
Tor MS lie eN tanning they W-r- try.ny -
XII hIE4- He finally ran INTO Il hou~s went
NJ stars and Ind bm>elf under 4 h4a: vyiS
pulled ou' by the policeman with pistol m
hand. The prisoner struggled win the M.
icrman and got hold OF the pistol, when Inc
proceeding witness came up and the arrest
WAS cOmpieed. In the struggle the pD!lc..
mar thumo ives en-. whether by III hammer
c. The pistol or how docs 10. appear
Upon thIS state o; facts / charged the .ury
tha' n they should he satisfied thai The uri-pa-
er had not >'oien or been concerned wt-G
GthtTs IN stealing The pan tlooEs. bu, hal &C N
by ttem honestly by purchase, they would a.
Guf him Of he charge of stealin- ina. II would
then DE- for them 10 determine Wheeler b. va.
gully OF resisting the office: Ia the perform
ance or a legal duty thar the nu-a,l--- al q.
viduai IN he community. g. we'll as The mos
exalted had rig ht ~ walk The streets ammo
Ir>'ed oN 'hr pOlIrs ~ he were iun1.-nt OF auy
cfime IT bTeao b OF the peace. ThatIt was n5-
sGntient authority Tor an arrest cl1t Oah lGdI-
yIdual should simply cIIl policeman aud >ty
% MN their goes man who stole my pauLt-
looms some three or four w--xs agl: nor wa I-
proper lOI The Policeman 20 i..r several E. lSr-al
>hOI> from his revolver by Way q: brgIuIay ms
ares: tbit an Inno -snt man on a Ir-t.-fui
-f:aLG Was not hound 70 leave hts own bust
h'S> %lfhout sOInr >nOT Of aU'h0rI'y Iu
Ne policeman O'ner ;han his Uniform -
axe MN, AMI II without >u.h sh,v a..
authority The policemen should at.enr- o., lr-
lt>l sum innocent person. the a-ra.' wa /. a.
Eai, ana The prisoner htd right 70 - -tp- or
!e>Ist. That II poll" man uniaWtdIiY arrt.-t
NJ must Idhe lAc li>h OF rHI--llC mat u ~
I'ula o. no question about the au.HJI4-4 o.!
Policeman - arrest upon proper WdIr'tI,, O..
when an offence was cOmInIt-ed IA his ur,4--
- q, OF when ;he person arrested wa .;',a ~
r. 10 n.y. and nue. and ny was MAE Tor il m
II IN arrest werr made uGd-r O'h-r C!rruni-
stSIc-S he officer mu-j 'axs the ii =. II I.
should turn out ia such cas4s fiIa. ~. par
"lrr> Ell was guilty. his I-sis.aL .. would ~.
"hE- .GIi mat II policeman or detective
should aI.e>t an innocent man without war
laLt or Alt III fight with hue ami ccy made
"i.f birl. ara 40 reasonable ground for az
Is MS Ainlt the party arrested could sue Tor
.aist imprisonment and recover. II the ItE
we OiArTwis- DO man, however exalted In
i'cluCn or character, would De safe lrJin an
LC'aEce and trouble.
iEIs was su DStantiAlly The elarr- p, ths mr.,
II was made IL reference 20 he particular { 80
ana was III no way intended 10 lay dowUallsi-
.or MAJOR Richards or hI- subOrdInat.s. Is
not usual IN every little case 10 read q trraftSr
on criminal law or any o; Us subjects to "a
iUry, but simply 10 charge up0r the ftc,s OF
he particular case. MAJOR Richards did not
hear the charge. nor did he FL drign ~ al
we or consult TIrh NE abJu. his order which
Dr. assumes 10 base GpOr chaTg" which b.
never heard, and OF which he bad no correct
report. lis attempt 10 saddle upOn me IN
responsibility of overTuling the decision OF he
supreme Court Of the District U! Column tiia,
IL ade las autumn. seems simply sham gn,'rn
az ior som" interior purpose Of which / know
EuthinS aEd care nothing.
II he choose 10 issue orders ID his Subl~Ii-
bdte- pretending 70 be fouLd.d unln insrrur.
IONS gwen by me 10 the Jury in a pirti ,ular
case, without having heard thOs. instructions
az IhIulrlng OF NE about he mater, he til d.
50. but occupying the position l DO, | cannot
permit HIM 10 mi~r-pres-nt No. ON a <ghlsc. -
vraly afecilpg the peac. anu good order ..
The community.
lee MOSQUITO 1UESrIoS.-As rIos4ui 0es