Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-07-10

When He Has n Right to ShOOt-The
Opinion of Judge Smell and What is
Said of 1t.

Said of 1t.
A remark made by Judge Smell some days
ago, while rendering a decision IN the case of
Martin Lane, charged with profanity and
| assaulting an officer, has caused considerable
comment in legal and police circles. Lane was
arrested near the corner OF III and 9Th streets. in
East Washington, on a charge OF profanity.
After asSaulting the officer he broke away and
| ran. The officer pursued the escaping prisoner
| and fired four shots at him, none Of them, how
ever taking effect.
During the examination of the officer by Mr..
Darlington as to his shooting at the defendant,
the judge said 'When an officer has made
arrest, either for misdemeanor or a felony. he
can maintain the arrest at the risk OF taking the
life OF the prisoner"
Said Police lieutenant to n STAR reporter
after Ate the decision was pupiished: Il would net
like to follow up the decision: think 1 would
get myself in trouble if did,
That opinion Is good law. said young po-
lice ofilcer. land we regard it a> SUCH If we iT-
rest a man even though it be Tor profanity, and
ne escapes, we nave a right 10 shoot him.
MIR. CARRINGToN's VIEW OF 1T.
MI. Campbell Darlington, who appeared for
Lane. when asked about the opinion expressed
by Judge Smell. said to STAR reporter. "The
record shows that Lane was arrested for a mis-
demednOr; that after "a Scutfie with the officer
he broke away and ran. and while running
with his back turned towards the officer some
distance from him, the officer fred four shots
al him with The intention of hitting nun, the
officer frankly admitted upon the stand"
What would have been the result had the
young man been killed.? inquired the reporter.
The officer would undoubtedly have been
guilty of m1n>laughtcr, he answered. 1.-The
law as laid down in the Foster case is brief and
and 10 the point continued Mr.. Darlington.
An officer must not Kill Tor an escape, when
the party is in custody for Il miSdemeanor.
Bishop says: a person making an arrest should
not use unnecessary violence, especially he
should not needlessy kill the other instead OF
arresting him. even though the wrong-doer is
act M mi T1l
point The toiIowdg distinction exists: If man
Is committing felony, ana an officer, Tor i'll
stance, attempts to arrest him Vet he runs
away, and the officer calls on HIM to stop. then
II he will not step the officer is jus.incd in
shooting at INN To compel him to stop; but ii the
ohchSe Is a mlSdeine;tnor be has no right to
take this extreme measure This question,
however" continued Mr. Darlington, was
raised suddenly and incidentally in the Lane
case, and do not believe that Judge Smell. for
whom have the highest regard. would have
our policemen for a noncnt believe that they
can shoot down "a prisoner whom they have
placed under arrest ior profanity, disOrdcr.y
conduct or any other IN iSdeincauor, even il he
should escape from them. In my OPINION the
penltenti;.ry awaits an officer who takes such
action
DANGEROUS DOCTRINE.
MIR. X. j. MeigS, the venerable clerk of the
court, when told OF the remark made by Judge
Smell, said that the theory OF the law was Inat
when arrest was made the majesty of the
law should be complied with and the party
taken before the proper tribunal, by force ii
uanSer1uS one IN practice ana could do no
GOOD. 1t was questionable. at least, ii al officer
had the right To xiii a prisoner attempting To
escape, especially when tuc oIleuSe committed
was trivial one. The general custoln has been
that an officer should not use more force than
Is necessary i'll securing mis- prisoner, and u good
oilicef Will not Use us weapon ~ Xiii except in
Seli-detense.
THE DISTRICT ATTORNEYS VIEW.
Dlstrlct Attorney Worthlnston says on the
subject: Il understand the law to be that an
officer who has made a lawfu! arrest may MAIN
tain 1t by the use OF all the force that is necaS-
sary, whether the arrest be Tor "A felony or a
misdemeanor; and ii the person arrested IN
endeaVorInS To escape assaults the officer the
latter has the same rights of sel1-defenSe that
any cItIZ III has Who Is unjuStly assaulted, aud
may Kill his prisoner if be necessary to save
his own lie or to escape great bodily harm.
and not OF herwise. But if the arrest be for a
ml,demeanor ana the prisoner actually gets
away from the officer he cannot. in my opinion,
be lawfully Killed because he viii not stop when
commanded To do SD. l should say that in sucn
case The officer would have no more right to
XIII the fugitive than he would il he were
Chasing him To make the first arrest. Other
wise Policeman uy negiiSeutly allowing his
prisoner 10 break loose could make his own
careiessness the Justification OF his prisoners
DEATH"
THE INSTRUCTIONS To POLICEMEN.
A circular issued by the police authorities
October 2Sth, 1881, is still in force. This was
issued alter an officer had, in shooting at a
rabld dog. shot a citizen through the ear. This
Circular says: "Tnc pistol is in the hands OF
officers almost exclusively lor sclt-deiense
agdlns. desperate characters. Even against
them it SHOULD be used only III the most urgent
cases, and IN such manner that the lives of
Innocent parties be not JeopardiZeG thereby.
Hereafter !. wa.nton disregard OF life by an
oihcer IN the careless use oG Il pistol will not
only subject him to "a trial before the commit
ice, Dut viii deprive him OF the arm i'll future.
1t may he added that the pistol should never be
dfdtJH even, unless the officer be Justified in
using it-never drawn, much less discharged,
tor purposes of intImiu;ltion.
RELIABLE GOODS AT COST.-W. w. Burdette
q Co., VIII begin their Seml-annuaI sale Mon
day next. These sales too we'll known 10
need mentioning. see auVt. on fourth page
How TO KEEP COOL.-AmOng the best of the
many resent inventions to alleviate the dis
comforts OF the extreme heat Is the tanning az
pardtus introduced III tine hair cutting and
Shaving pariors OF the Hamilton house, 14tn
anu Is streets, cond uctcd by A!r. John Ddbney.
Hung over eacn chair is Il wheel, of the appear
ance vi a propeller. when revolving. makes
delightful breeze while the chairs themselves,
are constructed especially for use in the heated
season, altogether making the tiIae spent in
the tOnsoriai CHAIR lerlUd OF luxurious rest.