Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-03-30
A Police man ON Trial.
CHARGED WITH ASSAULT Akp BATTERY ON


Yesterday afternoon in the Criminal Court. the
case OF James r. Narrower on trial for an assault
and battery on VIM NJ. Ellis, colored, october q,
last, was taken up, Mr.. Joseph Shillington, for
the defendant This is the case which occasioned
considerable excitement among the colored people
who alleged that the arrest OF Ellis was made
without authority, and that the officer without
any cause assaulted him with his baton. Meet
ings OF colored people were held TO express indlg
nation. Several witnesses testified yesterday that
Els Was In Jerry IS saloon on 18th street. near K
and on going out narrower arrested him and beat
him with his baton Dr. Luce testified TO the
wounds, which were quite severe, his eye being
closed and one OF the arteries In the face severed
TESTIMONY OF THE OFFICER ro-pAY
This morning the trial was resumed, and Oflicer
Narrower took the stand. He testified that there
was cursing and swearing in Robinson's saloon;
that he went in and arrested Robinson telling
him that ne would have 10 go 10 the station; Rob-
inSon said he would not, and witness went out and
blew the distress call, and the crowd came out |:
witness then took hold OF Ellis and took him 10
the station, where he pulled away, and the crowd
set upon witness, some telling Ellis TO CO. and
when the prisoner put his hand IN his pocket as II
TO draw weapon, witness struck him. Evidence
was given that Ellis admitted that he pulled back
and the oncer struck him.
THE JUDGES CHARGE.
The court charged the jury that the officer was
not exceeding his authority In making the arrest:
that the ofiicer was warranted by the evidence OF
the prosecution In interfering II he thought best
In the interest OF good order. There is dispute
that the officer made the attempt 10 arrest but
whether he really arrested the man is matter Of
dispute; but this was not question OF controlling
consequence unless they should be OF the opinion
that tnere was an escape but this was not claimed
The question whether or not an actual
arrest was consummated was OF no real conse-
Quence. II was undisputed that the ofhcer had
taken charge OF Ellis ana started with him to the
station; the prisoner did not acquiesce, but pro-
tested against going, and they reached the middle
OF the street. IL is claimed that Ellis was simply
protesting against going, and he did no more than
10 pull back. Defendant asked 4 he proposed 10
resist him, at the same time jerking and striking
him. II these are the facts the defendant should
be convicted on the part OF the defendant II IS
claimed that when they reached the center OF
the street Ellis broke away and sprung
across the railroad track; that he then advanced
on the ofcer with his hand 70 his hip-pOcket II
drawing weapon, and the oficer, apprehending
an assault, struck Ellis blow. II this version Is
true the other is not true. II the blow for the
sole purpose OF punishing Ellis or TO compel him 10
go along with the oficer, IL was not Justinabe. II
1t was struck by the oicer In se-defense; II Kills
was In the act OF assaulting him, or In the heat
and confusion OF the moment the officer honestly
supposed he was assaulting him. he should be ac-
quilted. II the blow was struck TO compel Ellis 10
go along and stop pulling back, he should be con-
victed; otherwise not
The jury found him not guilty.