Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-07-12

The case which occasioned frequent indigna-
ton meetings Of colored people last month was
taken up by the Criminal Court and jury at
noon today before Justice Montgomery. This
was the case Of Archibald Mellen, police officer
Of the eighth precinct, indicted for manslaugh-
ter in killing Charles Lomax on December IA
last between Sd and 4th, Wilson and Elm streets
in the county. Judge Jere Wilson and Oscar
Nauck appeared for the defendant and District
Attorney Cole for the District.
The jury selected were the following: T. j.
Naylor, F. G. Burdett, W. E. Spier, Thos J.
Taylor, ]. J. Fishcl, Joseph Howard. BENZ.
Bridges, Bernard Bailey, Charles wherle, J. NJ
Buchanan, Jos. B. Sheckles and Eugene Cad
mus.
Mr. COLES OPENING.
Mr.. Cole opened the case, stating that the in
vestigation Of the killing by the grand jury re-
suited in the Indictment for granddaughter, and
the real question was whether the killing was
lawful. The want Of the element Of malice
made the case one Of granddaughter unless il
was shown that the killing was lawful. BE
and had arrested two boys; that woman came
out and got into controversy with the officers,
and she was arrested, and the fracas in which the
shooting took place grew out OF this arrest. The
boys gathered and o boy fired shot at an Of
fcer, when the woman was let 60 and defendant
As to whether this was the boy who fred the
shot there is some conflict Of evidence, and the
evidence Of the government would show that
the deceased was not that boy, and the boy
who did tho firing was the son Of the
woman who had been arrested. Mellen followed
the boys and fred his revolver in Wilson street
andin an alley, and when Lomax saw him he
closed the gate, and Mellen went to the house,
when the Loma1es mother and grandmother
protested that he was not the boy, but the off,
Ger, saying an officer had been shot and he was
going to shoot some one, shot twice
and Lomax fell and the officer beat him over
the head. The case was an important one, for
the officer should be upheld in the performance
Of his duties, buthe should not be reckless, and
the question was could he have performed his
whole duty without taking life. II he could be
was guilty Of granddaughter. II Lomax fred the
shot Mellen was not justified in following and
shooting him. It seemed that Mellen made the
mistake that Loma1 fired the shot and that he
therefore pursued and shot him. No officer
doing his duty within the law should be pun
ished, but any officer who SO far forGets and
takes human life when it can be avoided should
not escape punishment.
JUDGE WILSON FOR THE DEFENSE.
Judge Wilson dissented from some Of Mr..
Coles assertions as law and stated that Officer
CARRIER and the defendant came across some
boisterous people and arrests were made and
the woman (Mrs. Page) dropped down and re-
fused to 60 and while STOPPING over her pistol
shot was fired, striking Officer CARRIER in the
back; that instantly Mellep arose and saw the
man and pursued him. This shooting was a
felony.
Mr.. Cole-We may differ as to that.
Mr.. Wilson-The court will instruct the Jury
as to that. Mellen pursued the man and saw
Lomax disappear in the house; that in the eff
fort to open the door Mellens pistol exploded,
and he pushed the door open and said to Lo-
max, "You are under arrest" and he replied
that he had no warrant, and he (the oficer) had
better 60 out, and presented his pistol, and said
if he did not leave he would kill him, and Lo-
max fired, the ball passing Mellen's head, and
the officer then fred.