Daily Republican., 1882-09-20

had testified to, showed that the officer
were In the discharge of their duty, an'
doing Just what they were paid by tn
citiE0ns to do, Mr.. Bird continued TO
some time and In the course of his re
marks said that If the charg,
was true, the jury should render
a verdict of guilty and the Court
should send him to jail for the balanct
Of his life. 1t would be a cowardlJ
act, and one that merited the ssveres
condemnation. He thought however
that he had clearly shown that there
was no assault made, and while he be-
lieved the witness Holland and thought
he was right in his testimony, he fell
equally certain that he was mistaken
He concluded by asking the jury to
render a verdict of not guilty, and sus.
tain the officers in discharge of their
duty.
Mr.. Gray in his closing argument
told the jury that when an officer un-
dertakes to arrest man under the Cir.
cumstance that the officers undertook
to arrest Campbell, they themselves
became violators of the law. 1t did not
matter If the man was abusive, they
had no right to assault him unless lie
attacked them and they were CON PEELED
to act in self defence.
Officers should be cool headed men
and able to control their temper, and
Mr.. Gray, said that he was free to say,
that he would not make good officer
as lie was TOO quick tempered. He
cont ehdel that Holland was in posi-
% hat Srh 10 kIn
officers were not. Mr.. Gray spoke in
his usual earnest manner about half
an hour, and when he closed the jury
we're charged by Judge Houston as fol.
lows: Gentlemen of the Jury, this
case eontaius great deal of conflicting
evidence, 1t is oath against oath and 1t
is for you to decide between them. The
greater part Of the crime that is com
mitted Is the result of intemperance.
While citizens have rights that must
be respected by police officers, as we'll
aS others, no man has right to get
DR. unk and lay on his own or any one
ese's step, aud If he should do so, the
officers have perfect right to rouse
him up and not only compel, but use
sufficient force to put him in the house.
Still in the performanoeo of this duty
the officers might go too far. and If they
should use unnecessary violence this
court woul be bound to tell you 1t was
an assault and battery. A policeman
is as amenable to the law for an as
s&ult as a citizen. The Judge then
reviewed the evidence, and said if the
jury believed the injuries were inflicted
by fall during struggle, it would not
constitute an assault and battery. But
If on the other hand they believed the
evidence Of the witness Holland, they
must render verdict of guilty. The
jury retired at $40 and at 6 o'clock it
was whispered they stood 7 for couvic.
ton, and 5 for aCquittal,
Jesse Timm, who was found guilty
Of the larceny of $3.50 was sentenced !
to pay restitution money and costs Of
suit, to receive 10 lashes next Saturday,
be imprisoned six months and wear
convicts jacket six months.
Charles White, Thomas Mackey and |
Roland Caville, the first young men and
Jhe latter boy, were arraigned on a
charge of highway robbery on George
W. Brown.
The prisoners plead not guilty, and
gave the names of several witnesses at
Clayton that they wished summoned.
About B o'clock the Graud Jury came
n, and after making return on sever.
u bills, said that they had acted upon
Ill the cases which had been presented
~ them. The Chief Justice after thank.
Dg them for the faithful performance
'f their duties, discharged them from
'urther attendance at this term of
court.