The daily gazette., 1883-02-07
BAD DAY FOR POLICE.
TWO OF MAYOR WALES OFFi-
GERS CONVICTED.
OFFICER HENNIs FOUND GUILTY
The Unlawful Arrest of Charles Deitz at
the Little Election-The Powers of an
Ofacer.

| Inc case OF the state against Hugh John
son, John Postles, and officers Hennis and
White was resumed yesterday afternoon in
the Court House.
Joseph A. Bond, sworn--Live In the
Eleventh ward was at the Little Election
Deitz came to vote and his vote was taken,
but was then challenged ; was not near
enough to hear what was said quite q
crowd was around the window saw the
officer take hold of Deitz there was fear
among the Republican party that there
would he trouble; don't think the officer
used undue violence was about 20 feet
away from the window there was a good
seized crowd around the polls when the
officer went toward Deitz the crowd closed
in as if to see what was going on; don't
know how the officer took hold of his
prisoner he was going along In peaceful
manner; did not hear the officer say any
thing don't know who challenged Deitz's
vote; am not personally acquainted with
Deitz
Samuel NJ. Trump, affirmed-Was at the
Eleventh ward polling place on October 8 |;
saw the arrest of Deitz was standing within
10 feet of the window heard some one say,
"arrest that man." saw officer go and arrest;
there was no special commotion did not
see the officer take hold of Deitz the crowd
seemed to crowd around the young man as
| they usually do in such cases the officer
/ hA0 Aluiu vi buC 1OunS uldu VIII Dub Oue
| hand when they passed; anticipated trouble;
did not sec when the officer first took hold
of the young man Deitz was not offering
any resistance whatever no one attempted
to interfere with the officer Deitz was not
disorderly.
William Marcus, sworn-Was at the polls
on Oct. 3; was standing about s feet from
| the window; DeitZ came and voted; Hugh
| johnson said, ~ don't think YOU have a
Il riahf tn vOfa.y -Tnhnonn np1a
arrest; Officer Hennis took hold of Deitz
and walked him away from the polls; when
/ Hennis took hold of Deitz Mcguire put his
hand on Deitz's shoulder; don't think the
officer used undue violence; challenge
was made before Deitz voted, but he voted
afterwards; Deitz was not disorderly; one
man was standing between me and Deitz.
| Augustus Fl. Miller sworn-Was at the
polls on Oct. 3; saw the fuss; about $50
this young man Deitz came to the polls in
a carriage; he was challenged ON his age;
johnson said "arrest that man." Hennis
| stepped up and arrested him Dan
| Mcguire was along side of Deitz
with his hand on Deitz's shoulder;
was about g or feet away;
challenge was made before Deitz voted; he
was ordered arrested after the vote was
taken; was special policeman ON that day,
appointed for that day by Mayor Wales;
Hennis seized DeitZ and said ''eome along,
| III take you;" the prisoner went peace
| fully; they were then about three feet away
from the window; heard Newell say to
Deitz that he should go peacefully.
| James Sewell, sworn-Saw the arrest of
Charles Deitz by officer Hennis; heard
some one say, ''challenge him on age;"
| don't know II his vote had been taken or
not; Mcguire reached over and tapped
Deitz on the shoulder while Hennis had hold
of Deitz; was on the lower side of the win
| dow; Hennis was on the upper hand; was
| special policeman on that day; Hennis took
| hold of Deitz with his left hand by the
lapel of his coat.
| james L. Hawkins, sworn-Am Chief Of
/ Police; policemen were ordered to keep
peace about the polls; don't know whether
Hennis is left-handed or not.
The defence here closed.
L. @. Vandegrift then addressed the Jury,
| stating that he would not take up the time
| in an argument at this time, but that he
would rest his case until after the defense
/ had made their statements of the facts TO
the jury. He would merely call the jury's
attention to the conflicting testimony of the
| witnesses for the defence and the TACT that
| the evidence on the other side being almost
the same word for word, and that they were
| able to testify in this manner from the fact
| that they were all close to the window,
while the witnesses of the defense were, one
and all, from six to eight feet away at the
| time the arrest WAS made.
Charles M. Curtis, for the defence, made
| his first official address to a jury since his
admittance to the bar. His argument was
solely on the evidence produced in this case.
w. Bacon, Esq, asked the court to charge
| the jury, reading from the Law, that person
who is committing misdemeanor can not
be arrested without warrant unless the
officer making an arrest within the action is
seen by the officer. He claimed that Illegal
voting is breach of the peace, and the fact
| of the laying on of hands constituted no
assault. Turning to the jury he stated that
the witnesses for the prosecution declared
| that Officer Hennis rushed in and pulled out
Deitz violently, but the opposite side swore
| that the officer used no undue violence. One
witness stated that the vote of Deitz was the
| quickest taken there while the inspector
states that it was the slowest vote taken.
There were discrepancies among the wit
| nesses for the prosecution, but the thing he
wished more particular to call to the mind
of the jury was that 1t must give the
| prisoner the benefit of the doubt
L. G. Yandegrift, for the plaintiff, began
| by asking the Court to charge the jury Oh
| several important points. Ifthe officer used
undue force he should be liable, unless
| Deitz was In the act of committing breach
| of the peace, otherwise the officer had no
| right TO arrest him without a warrant.
Attorney General Gray spoke on the i'm
portance of an officer arresting man with
out warrant where there was no breach of
the peace committed. He further stated
that when a man attempted to vote and he
should be arrested at the instigation of one
who was not positive that he was voting T.
legally, the officer making the arrest was
liable as In such a case q warrant would
have to be sworn out.
Mr.. YanGegrift then addressed the jury
at some length ON the Importance of an
| officer arresting man without Just cause,
| stating that it was not the officers of the
| law who preserved order around the polls
on that day /; it was not a question of
| private, but of public interest the resi-
| dents of the ward were not disorderly. 1t
was the appearance of the officers that
caused the disorder. A policeman has no
| right to arrest man without he finds him
in the act OF committing the misdemeanoF,
| If the act is not witnessed then an officer
| cannot arrest without a warrant and In this
| case no warrant was had.
Chief Justice Comegys, In opening his
charge, said there was some confusion in the
minds of the people and the police as TO the
| latter's power. Some years ago, during the
| prevalence of q war, when martial law ex-
listed In this city and other places, the people
| became accustomed TO arbitrary arrests
They were necessary at that time, and the
public were used TO being arrested upon an
| order from some one In authority That
time had I0nn ainoa nascad anrh,, A Y.olgoo