Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-11-19

THE Law AS TO ARRESTS.
when . Policeman il Justiaed in usine
His Pistol.
THE RULING OF JUDGE MACARTHUR IN THE
CASE OF ROBERT MEREDITH FOR AssAuLrINe
AN OFFICER.
To-day, In the Criminal Court, Judge Mao.
Arthur,th trial Of the case Of Robert Meredith.
on the charge of assault and battery with In
tent to kill Officer Brice In February last was
resumed. The evidence, which closed yester-
day, was somewhat conflicting, and it was
argued by Mr.. Campbell Darlington Tor the de.
| fendant, that the attempted arrest was illegal,
and that even had Meredith fired at the officer
he would have been justified in SO doing as the
alleged offense was misdemeanor and the
officer had not seen 1t and had no warrant for
the defendant Mr.. Darlington, however.
claimed that the defendant had no pistol and
fired no shot
The Court said that there were some pecu-
a complaint had been made at the Police Court
against the defendant and perhaps the war
rant was in existence. Brice had not received
1t and he presumed to make the arrest on some
general authority. In cases Of misdemeanor,
breaches Of the peace, any person we'll as an
sent and witness to the offense. The ALLEGED
assault in this case had been previously
committed and was not witnessed by the officer
After the commission o. misdemeanor the
law does not attach the same Importance to it
as to q felony, for which an arrest can be made
on suspicion. r. however, the arrest Was made
by a private citizen and the party is innocent,
the citizen would be liable in suit
tor damages. An attempt to arrest
life, and 1t is best even tor innocent party to
quietly submit to the arrest, and in this case,
10 WAS clear n tina, the other was not
better for the defendant to have quietly SUBJ
United. 1t appears that the defendant ran, that
the officer ran after him, and falling, it is
claimed the defendant then shot at the officer
On the other hand il Is alleged that the defend
ant had no pistol, and il this is true the officer
had no right TO fire. When an officer fires at q
party charged with misdemeanOr he trans
cends his power. II these two men had come
together, the officer with u deadly weapon, the
deIendunt would have had the right to protect
himself, but the defense did not set up the plea
OF seli-defense
The jury were out but a few moments and
returned verdict OF mot guilty."
The Police Scandal.
THE TESTIMONY TO BE TURNED OVER TO THE
COMMISSIONERS TO-DAY
The District Commissioners expected to-day
to receive the voluminous record of the trial
of Lieut.. Arnold. Col. Ludlow said to STAR
reporter that the Commissioners would take
the case in hand soon they received the
testimony and put an end to the matter as soon
as possible Commissioner Webb said that 1t
would not be proper for the Commissioners to
say anything about the case until they had con-
sldered the testimony.
BiscOe's Trial.
PROCEEDINGS BEGUN IN THE CIRCUIT COURT
OF CHARLES COUNTY.
The trial of John Benjamin Biscoe, colored,
indicted for the murder OF Capt. Robert r.
Dixon, of the schooner Mary J., August %, on
the Maryland side OF the Potomac river, in St
Mary's county, was begun in the circuit court
OI Charles county at Port Tobacco, Md, yester-
day. Tne case was removed from ST. Nlary'S
county after the indictment was found Lnere
and at the instance OF BscOe's counsel, VINO
thought the sentiment tuere was too strong
against the accused to admit OF a fair trial in
that county. The prosecution stated yesterday
upon the opening OF court That they were not
ready for Trial, some OF their witnesses not being
present The court, alter long deiberation, am
nOunced that AS the state would make aft uavit
as to the inability OIL important witnesses to
attend on account OF illness, the trial could not
proceed. States Attorney Wilmer SUBMIT a
statement that they would SHOW by AN absent
Witness who was present on the night that The
prisoner, when arrested aud brought to Jail,
mad with him certain vailSe, which, on being
opened, Was found " contain clothing belong
ing to the murdered captain, and papers beiong-
Ing to the SOOp Mary j."
Inc prosecution expect to show that at the
time OF the sioop leaving Washington that only
Capt. Dixon anu the 10Y BiscOe were on board.
The defense will attempt to prove that alter
leaving Washington another man was shipped
at or near Alexandria. This man will he accu-
rateiy described rs d huge, burly mulaLto, who
subsequent to the murder of the Captain Extra
guards have been placed about tue Jail At Port
Tobacco in which Biscoe is confined.
THE WASHINGTON AsYLUM.-The weeds sur
rounding the various outbuiloings at the Wash
ingLon asylum have been uprOoted and re-
moved to Deds where they are TO be rotled Tor
manure. Among the Improvements made TINS
year Is the removal OF an old hospital building
aud repairing IL Tor the male patents 1t will
accomInoaate rbout twenty ol lnem. new
hospital has been constructed Tor the accOmmo-
6sflu nj fWa male I'M, nf no
workhouse. This is u duplicate oI the one built
about two years ago at a cost o. $500.
ROBBED THEIR Observation-Disclosures Ruff
fin ana Richard jackson, cOiored Cart drivers
recently employ es Oi George Bogus, the wood
ana coal dealer, were Charged In tue Poilce
Court to-day with stealing ha.f cord OF wood
eacn, and were sentenced to 80 days each anu
restitution ordered.
MAHOGANY FURNITURE AT AUCTION
Messrs. Walter b. Williams & Co., aucLOneers
morning at ll:3O O'clock, one Elegant MahOg-
any CHAMBER Suite and SideDoaru, elaLoruteiy
carved, and Il fine specimen of workmanship.
See advertisement.
THERE WILL BE meeting of citizens living
nJrLn ol + street, at Hamiine church, 9th ana
Z streets, This Evening, at hall past seven
O'Clock, under the AUSPICES Of the Fourth Div-
sion Associated Charities: Addresses VIII he
delivered by Rev. Drs. Suippen and Newman
and >. X. Bond, esq, and IL recitation by john
Tweedaie, esq.
CLOSING SALE OF BOOKS.-The sale of books
at DOwiIng's this evening commences the j. j.
CoOmUs' collection OF law and patent works,
concluding with classical and other standard
literature.
DUNCANSON BROS. call attention to the sale
of nearly new two-stOry brick dwelling and
siOre-rOOm, No. POPS 14th ST. n.w to take place
at 4:3O Tomorrow AFTERNOON. 1t is lot 81, quare
2O4, fronting 70 feet ON 14tn street by depth OF
S2.6 10 AN alley. See advertisement.
The y. S. S. Despatch left New York Wednes-
day to blow up the wreck of the schooner AiLa-
velia, which was capsized in gale on tue night
OF Nov. 9Th, auout ten miles " the northward
of tue Delaware capeS.
Bandits in the province OF Santa Clara, Cuba
kidnapped the steward of the sugar estate
''SanLt Lugarda." He Was afterwards ram
soned for $500.
A meeting vi cattle growers was held in Chi.