Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-09-06
QUESTION OF ARREST.
THE DECISION OF MAYOR COLLIER,
or PETERSBURG, DISCUSSED HERE.
Readable interviews with Ex-Justice ID.
&. Richardson, Chief-of-Police John
Poe, and Others.

The letter published in yesterdays Dis
patch from its Petersburg correspondent
reporting q decision of Mayor Collier, OF
that city. regarding the right of police
officers to arrest person without first de-
claring their authority was read with
good deal of interest in Richmond, and
the matter was quite freely discussed IN
police circles.
A negro was brought before the Mayor
on the charge of drunkenness. When ar
rested he resisted the officers and struck
at one of them. but was finally forced INTO
obedience. The Mayor discharged him on
the ground that the officers making tne
arrest did not make known their authority
by stating the fact that they were ponce
officers and duly qualified to make arrests
for violations of law; that though they
had on their uniforms and had their ponce
badges displayed, this was not sufncleh.
to Justify an arrest without warrant, ana
that il is necessary. in fact. TO declare their
authority by announcing themselves ON
GERS of the law.
AN Kx-JUsIIcE's OPINION.
Perhaps the man in Richmond best quail
fed to speak on question of this chhrac-
ter is Mr.. ID. G.. Richardson. who for num-
Der of years presided over the Police Court.
He was seen Yesterday by q Dtspdtct re-
porter and asked what he thought OF Mayor
Golfers decision.
"The question in such case" ne re-
piled, 4" for the court or jury 70 determine
Is whether the accused knew or bad good
reason to believe that the person making
the arrest was an officer of the law and
acting as such in the discharge of his duty.
knowledge on the part of the accused ls
of necessity inferentiai; there cannot pe
positive or direct evidence as to what
person knows. The officer may announce
his Office and purpose, but 1t does not ne
cessarily follow that the person whom ne
was seeking to arrest would know that ne
was an officer. The circumstances OF the
case may show that he did not hear. Even
in such case the fact that he did know OF
the officers authority must be inferred
from the circumstances.
WHEN THE OFFICER WOULD BE KNOWN.
when il is known that the police OIL
GERS of q city are required to wear a cer-
tain prescribed uniform and badge" con-
tinued Mr.. Richardson, and that no citi-
zen is allowed to wear such uniform and
badge under penalty; when man
clothed in such uniform and wearing such
badge attempts to arrest a person then IN
the commission of crime or breach OF tne
peace the court or jury would be warrant
ed IN inferring that the person resisting
knew the authority of the officer. | do
not think in such case the announcement
by the officer of his authority is necessary,
but in some cases it would be the safer
course for him to do so
VIEWS OF THE CHIEF.
81 am not recognized as an authority on
questions of law" remarked Major John
Poe. Jr., Chief of Police of this city. when
asked what he thought of Mayor Golfers
decision, but | have had considerable
experience with police affairs. l think
Mayor Collier is all wrong, II your CORE;
spondent reports him correctly. would
not give a cent for policeman who would
not arrest a man if / told him to do so.
even if he did not know what the arrest
was being made for"
"Whv, nv dear SIR" continued Chief
Poe, I'VE would never catch up Win al
the petty thieves and other evil-doers ii
we had TO wait to get warrants and then 70
declare that we are officers. 1t is often tne
case that such criminals who do the great
est harm are caught on the street with
stolen plunder In their possession.
WHAT THE MAYOR THINKS.
Mayor Ellyson is great believer in up-
holding the police and giving them as
broad latitude as is safe. " should nope. =
| said he, THAT the newspapers have not
reported Mayor Colner cOrrecliy- INV
very high regard for him and
| think he is very level-headed man.
don't see the necessity of uniform
| ing officers and placing badges, on
them If they must tell everybody whom
| it is their duty to arrest who they are: Wha'
would be the significance OF their uni,
| forms and badges, which are marks OF
| authority? There is no question In my
mind that it is the right of an ofhcer II
| uniform to arrest person who has violated
| the law or is doing so without making any
| declaration to the effect that he has thai
authority vested in him."
THE JUSTICE.
| Justice Crutchfield was not at the Police
| Court when the Dispatch reporter callet
| there in the afternoon to obtain an expires
sion from him, but his rulings since n
ascended the bench more than two year
ago have shown that his ideas are. very diff
ferent from those of Petersburg's Mayor
| Like his predecessor, Justice Crutchflel'
has always been prompt to PUNISH all per
sons resisting police-officers. and time AM
again he has declared from the bench a. al
determination to uphold the officers, Ill
fines have been heavy. and he has AWAY
been immovable on this point; In men
mond the blue coat and brass buttons de
clare the officers authority.