Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-11-27
U S IN G A RE VOlVER
Expert Views on Policeman's Right to
Kill.
Major Dyes Order-Mr. Mullowney and
Mr.. Bfrney Express Their Views
On Shooting by Officers.

of Willis Washington by Officer Terry, read
as follows:
The attention of the force is called to
| the necessity of observing more care in the
| use of the pistol.
Il am glad to say that the instances of
| carelessness brought to my notice have
been very rare. But even these rare cases
should be eliminated from the service, for
| the lives of innocent parties are at stake
The pistol is in the hands of officers almost
| exclusively for self-defense against desper-
ate characters. Even against them it should
| be used only in the urgent cases. and in
such manner that the lives of innocent
parties be not jeopardized thereby.
| Hereafter, a wanton disregard of life
| by an officer in the careless use of a pistol
will not only subject him to a trial before
the committee, but will deprive him of the
| arm in the future.
1T may be added that the pistol should
| never be drawn unless the officer be justi-
| fled in using it; never drawn, much less
discharged, for purposes of intimidation"
The Washington case recalls the number
of alleged reckless shooting cases in which
| officers did the shooting and for which the
law has been so plainly laid down by Judge
Miller.
| Mr.. Mullowney's Views.
| MI. taiSAdNuer H. MullOWney, lne prose-
| cutting attorney, who has figured in the
prosecution of such cases, said TO Star
| reporter.
An officer has no right to use his pistol
| under any circumstances until he has used
| all reasonable means, diligence and caution
| to carry out and maintain his authority. If.
| in the preservation OF the peace of the COM
| munity, as, for instance, a riot, circum-
| stances show IL necessary to take life, it
| will be UNSUITABLE for him to do so; also in
| defense OF his own life, or when he or any
one else is in danger OF great bodily harm.
In an alteration with his prisoner ne need
| not retreat, for it is his duty to maintain
| his arrest, but he has not the right to use
violence upon any slight insult resist
ance- An officer should not forget that he
| is public servant, and when a prisoner in
| suits and curses him. he should not seek
| revenge and club the prisoner, for it is not
/ his personality. but the authority which he
| exercises that is cursed and insulted.
Will BE Murder.
IF a felony or a penitentiary offense has
been committed and an officer attempts to
arrest the party and he runs, and the off,
| Ger, after having used every means to effect
| the capture and a last resort shoots and
kills. he will be justified, but not so in mis-
demeanors petty offenses. In this class
of cases the officer is not justified. under
| any circumstances, i'm killing or of using
| his pistol in any manner whatever, except,
| of course, in defense of his life; and when
| an officer attempts to arrest a person for
| a petty offcnse, such as suspicious charac-
| ter, vagrancy, drunk and diSorderly, pro-
| family, simple assaults and other offenses of
| like character, and he kills him while pursu-
| ing him. II will be murder or manslaughter,
| according to the circumstances of the case.
| IF the offense has not occurred in his
presence or view and he arrests without
| warrant, he undertakes to do an unlawful
| Of Mnllnn-pnU and hn
| shoots to kill the person while pursuing
| him, 1t will be what is called book murder
| but anyway mansiaughter- IL he has a
warrant and he shoots and kills without
pursuing using diligence to effect the
| capture, II will be murder, because the law
| imputes to him such depraved, reckless
| and malignant nature and such utter
| disregard for human life that il presumes
| that he intended to kill when he fired. If
| he used every means at hand to capture the
| fleeing person and to accomplish the cap
| ture, and then shoots and kills him, il will
| be manslaughter, only because he had no
| apparent intention of killing, but in shoot
| ing. nevertheless, was doing an unlawful
| act.
| Life Too Precious.
THE law abhors and sternly reprimands
| officers in using their pistols to effect ar
| rests for this class of offenses Life is too
precious. not only TO the fleeing party, but
| to citizens who happen to be in the street
| to be taken by such means or put in jeopar-
| dy to effect the capture of such an offender
1t is always better to let him escape IL the
| officers legs are not fast enough to overtake
him. An officer has a right TO make an ar
] rest for a pententiary offense without a
| warrant, upon reasonable suspicion that
such an offense has been committed. but
| when he kills a person so arrested in effect
ing his capture. he must show he had just
| and strong grounds for believing the party
| such offender 20 be justified.
| Private Arrests.
/ For misdemeanors or simple Jail offenses
an officer can only arrest without a war
! rant when the offense has actually occurred
in his presence.
| In private citizens using them, endea-
vors to bring felons to justice, great care
and caution ought to be observed. cti-
| Zen can arrest a felon without a warrant
| hut in his case he must actually know that
/ the crime has been committed. No sus-
| picion. however well grounded, will bring
| him within the protection which the law
| extends 10 officers acting with proper au-
thority if he should kill in effecting a cap
| ture. He has right to arrest without a
warrant for misdemeanors committed I'm
! his presence, but of course not under any
circumstances TO use a pistol to effect the
| capture. 1t is a very dangerous thing under
any circumstance for citizen to make an
| arrest, as the law does not hold out to
| him the same indemnity ii does TO officers
| and the principle of the law is TO dis
courage private persons from proceeding to
| eXtremities upon their own private sus-
picion or authority in making arrests"
MIR. Birney Talks.
| District Attorney Birney, when asked by
| a Star reporter for his views upon the CUES
| ton of the use Of pistol by policemen
| said:
THE rights and liabilities of a police off,
| Ger in the use of weapons entrusted to him
| when making an arrest may be easily I'M
| derstood. In making arrest upon the
J charge of a misdemeanor. the officer has no
/ right to use deadly weapons TO effect the
| capture. After the arrest shall have been
| made 1t will De his duty to maintain il at
/ all hazards, even to the extent of using
! extreme force to prevent escape.
| In the case of felony. the rule is some
| what different. Upon the mere suspicion
| that a felony has been committed by some
one, the officer should not use deadly
/ weapons to secure the arrest Of a person
| whom he might suspect OF having perpe-
trated supposed felony. and ne would
! use them at his peril. IL felony has. in
| fact. been committed, and the officer comes
! upon one whom he supposes to be the felon,
! then, as stated In leading case in Massa-