Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-29
A POLICEMAN'S WEAPONS.
The Functions of These Useful Articles De
fined by Judge Miller.

The Functions of These Useful Articles De-
fined by Judge Miller.
In Judge Miller's court yesterday Police
Officer Bradley of the seventh precinct was on
trial charged with assaulting a young man
named Charles Wills by striking him on his
head with blackjack while the young man was
under arrest in Georgetown a few days ago.
Wills got on the stand, admitted that he was
drunk and disorderly, and charged that while
he was living on the ground the officer struck
him. Then he told him if he did not get up he
would hit him again. He could not get up and
the officer hit him. Three blows were inflicted.
The Young man said on cross-examina,Ion that
he had been arrested ten times in five years,
ard most OF the times he was charged with as
sault. Other witnesses were also examined.
The officer claimed that tho Young man re-
sisted arrest and kicked him several times. He
also charged that Wills tried to bite him. The
officer called for assistance, but no one re-
sponded. The case was argued on both sides
and then Judge Miller settled the affair In the
first place. he said. a policeman has q right to
use the weapons put in his hand for two purposes
only. He must maintain his arrest against re-
sistAnce and he must also defend himself
against violence. Because a prisoner falls on
the ground or saws by word Of mouth that he
lence. He must summon assistance and not at
tempt to enforce his orders with club or black
jack. IL will not do for an officer to knock his
prisoner into iDsensibiiity and then drag or
cart him of to a police station simply because
the man saws he won't 20. The officer must
use moderate force to overcome resistance. He
must. Of course, defend his person against as
saults, for he Is not put in authority and paid
to be beaten and knocked about at will
II there is no apparent reason for belief that he
il m danger OF bodily harm he certainly can
give way to his temper and use violence, for
then the prisoner is punished before trial.
Nor has he any right to retaliate for injuries
inflicted by the prisoner.
The Judge said he did not believe in officers
striking prisoners on the head without there
was some grave reason therefor. II is his duty
20 repel an assault and the court thought he
had better strike that portion of a mans anat-
omy used to commit the assault. In this case,
the Judge said, the prisoner was a desperate
man and tine officer understood about his
character. He was satisfied that Wills kicked
the officer and the latter returned the blow
By using his blackjack.
The only trouble about the case" said the
Judge, lis that he struck on the head. Is
In conclusion the judge said that the officer
had exceeded TIE limits of discretion. but the
court would not hold him guilty Of assault.
/ IL is so necessary to maintain law and order
that am not going to say that the officer Is
guilty. ald that these drunken people can be
disorderN about the streets on Sunday. and
I then resist arrest and cause all this trouble
+ The officer. however. should be more guarded
ia the use o. his club in the future. and not use
/: unless he can come into court and show tina
/ he had inst cause for so doing. The charge oi
assault WAS dlsmissed