The daily gazette., 1883-05-08

yards from Rehfuss and Raymond who were
talking; heard Raymond say don't lay your
hand on me; he theI removed his gloves
and took hold of Rehfuss as If TO arrest him.
The State closed and Mr.. Harrington ad-
dressed the jury In a few words, saying
that he proposed to bring out by the wit
nesses of the defence that the officer was
man of character. He then called Edgar
Spencer who testified Knew both men, was
not present at the disturbance had just
ate my dinner saw the two men standing
on the corner; saw Rehfuss shaking his
finger in Raymond's face Raymond had a
bundle on his arm which he gave to boy
while he took hold of Rehfuss as If to arrest
him.
Officer John Quincy Adams was next
called and testified: Went with Officer Ray
mond to serve the warrant; knew nothing
about the case; so he was dismissed.
Abner A. Harvey, affirmed: Have lived in
Wilmington for about go years; the officer
character is good as far as know
iiavid Derrickson, affirmed: Know the
officer; his reputation for peace and good
order is good; have known him for about IL
years.
Joseph Tatnall, affirmed; Know the officer;
have known him for 26 years; always has
borne good reputation.
DIR. e. G. Shortlidge, affirmed: Know the
officer; his character is good; have heard
nothing wha tever against him.
IL addressing the jury Mr.. Davis said
In the beginning of this case allow me to
say to you that when these two men met
they met as two inviduals without regard to
the position the officer holds. The only wit
ness who could testify about the most i'm
portant part of the affair was Rehfus, who
tells you that he only asked the officer in a
peaceful manner for bill due him.
He then asked the Court to charge the
jury that the officer had no right to make
an arrest IN the manner hO did, and also,
that If the officer did more than lay his
hands upon Rehiuss he committed an
assault.
Harrington said the testimony OF the State
was full of Inconsistencies. The officer
showed great deal of character in not ar
resting Rehfuss after he had dared the officer
to arrest him. Now I say gentlemen, with
out OBTAINING you any longer, that this is a
reasonable doubt. Taking Rehfuss' be-
havlor all through the case was uncalled for.
Take the officers character. have brought
witnesses who have testified as to his good
character and asked the court to state to the
jury that the matter of character was OF
some Importance and asked the court to so
instruct the jury,
Thomas Davis, Esq, in closing the case
zen abused his right by violently
assaulting person. Enraged and excited
over the fact that he had been shed for a
bill he assaulted Rehfuss; witnesses have tes-
titled that Raymond had used the first in
sulting langu Ige and had also first lai l
his hands on Rehfuss. But this officer to
pay his bill takes Rehfuss to the Mayors
cour' aud has him fined for assault and bat
terry. This is not the way for an officer OF
any one to nay bill. An officer is sup
posed to be a conservator of the peace and
should not be allowed to provoke quarrel
for the purpose of making an arrest. We
would therefore ask at your hand verdict
of guilty.
The Judge in his charge to the jury said
The law is that no words justify an assault
an assault will justify resentment on the
| part of the assaulted party. There must bC
| some attempt upon the one before the Other
can defend himself. The officer was moi
there to execute any warrant, but you must
not forget that if there is no attempt at an
assault the officer had no right to take the
plaintiff as he did, as words are not q
sufficient justification for an assault.
The jury retired at 5.55 O'Clock, and re-
turned ia five minutes with verdict ot''not
guilty" They were then discharged.
Walter Bacon, Esq, asked that Spencer
Greenwood, who was charged with the
larceny of ring be discharged, las no indjct'
ment had been found against him by the
Grand Jury, the case having been settled
He was accordingly discharged.
Court then adjourned until 10 O'Clock to
| day.