Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-10-08

The jury Brings In = verdict nj Not Guilty
Judge Miiier's Charge.

The Jury Brings I'm . Verdict of Not Guilty
Judge Miller. Charge.
Yesterday afternoon in the Police Court After
THs sran's report closed in the case q Licut
7. L. Amiss OF the hrst police precinct. charged
with an ss~aul, on William W. Fowler, Mr..
Davis continued his argument 20 the jury. lie
claimed that the lieutenant was not response
BILE for the arrest Of Mr.. Fowler. He bad moth
Ing 90 say in commendation Of the action Of
ofhcer Nelson in making the arrest nor had he
anything favorable 90 say concerning the OH
GERS reason As given on the stand for profcrring
the charge Of suspicion.
He spoke at length upon the testimony and
the character OF the defendant and closed by
SAYING he was satisfied that tho Jury would DO
their duty conscienuously and return q verdict
FOR the defendant
Mr.. cLAGrTr's CLOSING AsauxESr.
Mr.. Clagctt closed The arguments % the Jury.
He began by quoting, when a pig saaeals yoa
know he is hurt" Then he said he meant moth
ing personal. but merely gave IL by way % IL
lustration. He said tina; AIR. Mullowney had
evidently said something that hurt, for it had
taken counsel on the other side q long time 20
try TO explain away what he had said. He re-
ferred 70 the Testimony of numerous witnesses
on either side and then came down 60 the ques-
ton Of motive which discussed by tho de-
Tense. lie thought the intelligence Of the jury
could well understand the motive.
Then he directed his remarks 20 Lieut. Arniss.
whom he complimented an officer. but"
he said Ion this occasion he lost his head. In
his position as lieutenant he had not been
customed 90 carrying club, but on this o.
casion IL was necessary for him 90 have that In
strument with him, and when be Lost HE head
he used the club"
Mr. Clagett then proceeded 20 discuss tho
As. l.a1r a.
the most absurd theory he had ever heard put
forth in a court OF justice. He was equally
positive that the government had made out the
charge and he was willing 90 accept the verdict
of the jury. he told the Jury that Their duty
was TO do Justice 10 the defendant, and that II
they believed IL accidental affair they
were 10 give him the benefit Of n. but following
this statement he argued TO show that thu blow
could not have been inflicted In the manner
described by Lieut.. Amiss.
JUpaE NrLLER's oHARoE.
Considerable time has been spent by coun-
sci on both sides, said the judge in his charge
10 the jury, land the case has been % thor
oughly aud fully discussed that IL IL not neccs-
sary for me 20 detsin you many more minutes.
The defendant in this case Is charged with an
ordinary assault and the case has assumed I'm
portance not because the defendant IL lieu
tenant. but because the affair happened on .
great public occasion while the defendant, .
public officer, was in the discharge OF his duty.
An assault Is the intentional infection Of Mo-
lence for which there Is no Justification, and &c
is immaterial whether committed by police
man or private citizen.
The public are interested In this case be-
cause of the circumstance Of the day on which
il happened. The citizens have certain rights
to which they are Justly entitled. IL 70 your
duty, gentlemen, 10 take into consideration al
the surrounding circumstances. The officer,
you must consider. was there in the perform
ance Of his official duty 10 keep the avenue clear
as well as the performance OF other police duty,
and the result OF the lRbors ~ the police goes
far toward making celebration Of that kind
success. The public good is TO be looked after,
and when that is at stake individual rights must
fall or be laid aside. On such occasions crowds
will press forward and do things they would
not do under other circumstances.
The public good on this occasion" con-
tinued the Judge, twas keeping the avenue
clear so that the veterans would ma -ch without
molestation or hinderance. The public had n
right there and also had right TO all the facili
tics TO witness the parade, but that did not give
them the right to conduct themselves ne 90
interfere with the rights OF those in line.
Crowds however. never bear this IN mind and
therefore the necessity arises for having the po-
lice take charge OF affairs.
The lieutenant was called upon 10 admins
ter the law with due regard for the citizens, and
he had a right 10 use his club In making gestic-
ulations and maneuvers TO press back the
crowd. II in the performance OF this duty no
accidentally struck Mr.. Fowler he Is not guilty
of the charge preferred against him II, on the
other hand, the jury find that the officer lost
his temper and SO used his club as 90 endanger
the heads Of those In the crowd, then he u
guilty. IL he intended TO hit this man ut all 10
Is an assault, for be sets mp no justification for
such act. Clubs put In the hands OF
officers TO only a last resort. They are
not to be used for purposes Of punishment, but
| simply TO maintain an arrest, and an offioer has
no right to strike prisoner with the club un-
til he has exhausted every other means"
OFFICER NELSON SCORED.
The judge said that he had made some 70
marks on Thursday concerning the arrest %
Mr.. Fowler by Officer Nelson. but his remarks
then should have no influence or effect on this
case. The action of the officer, he thought, was
the most fragrant abuse Of power that had ever
come to his notice. The idea Of an officer
resting a man on suspicion" and putting him
behind the bars to keep him there 10 q lawyer
is simply horrible, although tho policeman may
have thought he performing his duty.
Under the law he said there no such an
ofense as suspicion"
With these remarks the judge said ne would
rest the case with the jury.
VERDICT OF NOT GUILTY.
1t was $50 o'clock when the jury retired and
thirty-five minutes later the jury fled into
court and returned a verdict Of not guilty.