The daily gazette., 1882-09-20
AN OFFICER ON TRIAL.
RAYMOND ACQUITTED or AS
sAuLT AND BATTERY.
THE Do1Ees IN, COURT TODAY.
Nathan Demby's Case ContAnucd-The
Trial of John Maguire and Frank
WheiAn. -f.TesF as4 .s,l

Jesse Tim, the colored man accused OF
stealing pocket book from Mrs. Margaret
Hanna, was found guilty after the jury had
been out four hours, but recommended TO
the mercy Of the court He was sentenced
to three months imprisonment, costs of pro-
secution and $40 restitution money to receive
10 lashes and to wear q conyict's Jacket six
months.
The case of Shadrach Trusty, colorcd, fer
the larceny OF a watch from Theodore Hanf,
on the nth of last August, was continued,
the prisoner not being ready with his wit
nesses.
TRYING A POLICE OFFICER.
George G. Raymond, one of Mayor Wales
policemen, was indicted ior an assault and
battery upon Joseph Campbell of Whining
ton, on the 10Th day OF July last. The
Mayor, who was witness In the case, occu-
pied seat upon the bench
States Attorney Gray opened the case and
said that at O'Clock in the morning of the
day on which the assault was committed,
Joseph Campbell, the prosecutor, was found
asleep on the steps OF his boarding house,
No. 627 East Seventh street, this city.
It appeared, he said, that Campbell had
been drinking during the evening, and
when he was awakened by the officers he
was not in the best possible humOr. lie Was
told that he would have to get up and go
Into the house. He objected, saying he had
right to stay there, and that he should not
go In. They rang the bell and tried TO put
him in He resisted and In doing SO kicked
one of the officers on which one of them
struck him q very severe blow with his
blackjack. The evidence, would, he thought,
support the statement that the blow had
been unnecessarily struck, and was one
which might well have taken the life of
man. Though officers were intrusted with
| the use Of weapons, yet they must use dis
cretion II had become necessary In this
case to appeal TO jury to ascertain whether
any unlawful use had been made of the
powers he had right to. There could not
| be any necessity for the blow when three
officers were present, against drunken
man unarmed. II was unlawful, and he
Thought the court would tell them SO.
Campbell's testimony was in substance as
| follows:
On the night of the 18th of July drank
some beer perhaps dozen glasses. 1t was
a warm night, and on arriving home ! sat
| down ON the steps TO cool off took off my
| coat, lay back on 1t and fell asleep the
police came and woke me, telling me |
4 would have TO go in the house or go to the
hall said belonged to the house the
|
| down and let me in there were three
officers one of them rang the bell, and
when the door was opened they undertook
| to force me In / could not undertake 70
| saw which of them struck me, but one OF
them did strike me with blackjack, cutting
my head open they got me on to the side,
walk and put the nippers on understood
that Sergeant Mcconnell and Officer Adams
were two of the officers there were three
of them there all the time they offered to
let me 90 home on reaching French street.
On oss-examInation--I was In the habit
of sleeping on the steps on warm nights, and
did NOT sit there because had taken the
beer; never made a charge on officers be
fore; do not remember kicking and striking
the officers. on-
Elwood Holland, another boarder at 621
East Seventh street, saw Raymond MI
Campbell with a blackjack, and said the cui
was as long as his finger and bled pro-
fusely. Mrs. Grubb, the landlady, did no.
sec the trouble, but said Campbell had blee
very much In the entry.
Levi G. Bird, Esq, appeared for the de
fence. He said that while the matter nigh
be small one 1t was of much Importance
to the defendant, who was an official who's
duty It was to look after the good order an'
welfare of the city. At the time of tn
occurrence Raymond WAS eomparatlVel.
new officer. having been In the service 0
the city only little over month. But Il
was In company with two other officers, on
I a sergeant and q highly trusted man, an
the other said to be one of the best officer
of the force. They were patrollin
the streets and tney iouno ma
asleep. a man, as would be shown, know
to none of them. On attempting 20 wax
y him and find out whether he lived In tn
d house the only answer they received was a
( oath. He continued hi the same yioler
: tone and they took hold of him. One {
them rang the door bell of the house. Aftt
some time a window was thrown up, an
y one of the officers, Adams, asked II the ma
= belonged there. A boarder said yes, M
II was then told to come down ana eahe vi vi
rc man In, It would be shown that Wnen Tn
p door was opened Adams and Raymond ha
Il hold of this man, and as they tried TO g
him In he stretched out his arms and kieke
:. at the officers. One of them tripped up
~ ~ leps and In his fall he cut his head. The
es was no blackjack used at all. On TN
y, showing he would ask the jury to belie'
II that the officer was only doing his dut
which the city paid him to do. a.
Mayor Wales testified to having mn
Campbell S. and costs, and then having
mitted the fine.
Hugh Mcconnell, sergeant of police, al
John Quincy Adams, patrolman, deni'
- the charge of a blackjack being used ,assel
ing that Raymond had no blackjack al u
=, ATTORNEY GRAY, in addressing the lu
'' said that while fully recognizing the necessi
of upholding the law, it was just as meet
sary that the Fundamental rights OF the gre
Ity mass of the people should be protected Ire
unlawful exercise of power as the oIilcers
It's the exercise of that power. IL was gu
. clear from the evidence of the officers the
selves that there was no necessity OF the !
an of the blackjack. II the jury believed u
w the blackjack was used on this occasion III
!. an assault and battery had been commune
. Now what was the evidence. 1t was an c
TX treme exercise of authority for an oIcef
tell man to get of the steps OF MS o
. home or to go to the station house.
& The testimony of the officers was review
ms. and Mr. Gray wound up by saying the J.
had positive evidence before them tha'
. blow had been struck. The prosecution
e asserted that man had right 10 si'
upon his own doorstep.
Levi C. Bird, Esq, for the deiehsei sal'
= remained for the law to prove thaI q ~ ~
VT. had a right to lay around In the eohal1
Campbell was in, TO sleep on s1eps Nv
4. hours of the night and to arouse 1ne usV ne.s
= borbood with oaths and curses When aTIese s
RI His argument was very lengthy, the pm,
and ple points made being that Campoea1l pa, llan u
#. business where he was, and that olheef
- mond had no blackjack. H.
30 In opening his charge to the Jury s,a. 1u'
Houston said the case was one OF colnie. :,
i, evidence. They must give credie W VI
- witnesses who seem best entitled 70 ~.
)P was oath against oath, They mose Ju