The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-25
ILLEGAL ARRESTS,

read with interest Samuel B. Rankin, of
Louisville, was arrested by Adam Knapp, a
constable of Floyd county, on a charge of
having insulted some ladies on the public
street. The offense was not committed in
Knapps presence, and the arrest was made
without warrant. Rankin demanded the
officers name, and by what authority he de-
tanned him, but was not answered. While
in the custody of Knapp, Rankin got into a
difficulty with him and killed him. He was
indicted for murder, and the trial came off
at New Albany a few days ago, and resulted
in an acquittal. From Judge Ferguson's
charge to the jury we make the following
extracts:
"By law of the State all judicial officers,
sheriffs, deputy sheriffs, coroners, consta-
bles marshals, deputy marshals, police
officers, watchmen and the conductors of all
trains in the STATE. while on duty, may ar
rest and detain any person found violating
any law of this State until a legal warrant
can be obtained The words found violating
any law imply that the officer had personal
knowledge of its violation-in short, was a
witness to it, and SO far as. constables are
concerned another statute defining their
duties makes it their duty to act as conserv-
ators of the peace, and apprehend and take
forthwith before the nearest justice all who
violate the law in their presence, and then
charge him with such violation on oath. A
constable has no power or authority to
rest a man for misdemeanor done out of
his view without warrant from justice of
the peace commanding him to make
such arrest or unless by verbal di-
rection of some justice in whose view the
offense was committed. 1t is the proper
business of a constable to preserve the peace
not to punish the breach of it, and the con-
stable does himself violate the law and .break
the peace if. without a writ or warrant he
arrests man who has committed no misde-
meanor in his presence, and who has been
guilty of no felony. Ii a felony has been
committed a constable, upon information
derived from Others, has the right to arrest
the suspected felon.
1T is miSdemeanor for person tocarry a
deadly weapon concealed unless he is a trav-
eler. A traveller is person who, without
his ordinary habits, business or duties trav-
els from his home beyond the circle of his
acquaintance. Being without fault in a
place where he has right to be, if man is
violently assaulted by another he may, with
out retreating repel force by force, and if, in
the reasonable exercise of his right of self-de-
Tense, his assailant is killed, such killing is
justifable.
principles of the law of self-defense amount
to this If the jury are satisfied from the
evidence that the defendant in a place
where he had right to be, without fault on
his part, was then and there wrongfully as
sailed by Adam Knapp in so threatening
and violent manner as to reasonably cause
defendant tc believe, and that he did be-
lieve, he was in imminent danger of losing
his life or suffering great bodily harm at the
the hands of Knapp, and while so believing,
and while making a reasonable defense of
himself, he even without retreating, fired the
shot which caused the death of Knapp, in
such case the defendant is by law excusa-
ble and should be acquitted. But he is not
excusable if he himself was in fault in pro-
voking the attack, or if the means used for
his defense were unreasonable and not in
proportion to the violence of the attack
made upon him, and of these facts the jury
are the judges A person under unlawful
arrest, where no unreasonable violence has
been used, has no right to resort to the
taking of life to free himself therefrom, un-
less he has reasonable cause to believe that
be will sustain great bodily harm, but be has
the right TO use such force as may be reas-
onably necessary to free himself from such
arrest, and if violence is used he may meet
violence with violence, force with force, and
if unlawful detention is persisted in he will
be justified in taking life"
1t is important for the public as we'll as
for officers to know the law governing
arrests. People are often arrested for INSIDE
meanors, without warrant when their
offenses were not committed in the presence
of those making the arrests Such arrests
are illegal and according to Judge Ferguson,
the person so deprived of his liberty has the
right to regain it at all hazards The fact
that most persons who suffer by illegal de-
tentions are men of bad character makes
their arrest none the less unlawful. The
public winks at these transgressions of the
law, because it knows that society
would be better off were all bad men
under lock and key. But society has
no right to protect itself by trampllng
on the law. Its best, if not only, security is
suffer by waiting until the terms of the law
are complied with. but in the end it will be
the gamer. In no other way can tle liberty
of the citizen be assured. If man charged
with the execution Of law be permitted to
suspend its operations at his pleasure no
one would be safe from illegal detention and
mprisonment Police officers, sheriffs and
constables ought to familiarize themselves
with the law governing arrests, and obey it.
They should know that when they make an
illegal arrest they make it at their peril.
as require Others to do so.
SUPERsTrTIoUs people in Washington are
counting another among the number of per-
sons connected with the Guiteau trial who
have since come to grief. The other