Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-05
A BRUTAL ASSAULT.
Police Ofhcer King Ii Sentenced to Jail for
Four Months-
THE HEABrNa IN THE kING-cOLE CASE TODAY
JUDGE MILLER HELD THAT THE oFFIcER WAS
NOT IN THE SALOON IN THE LINE OF DUTY
COLE DISCHARGED.

NOT IN THE SALOON IN THE LINE OF DUTY
COLE DIsIEARGED.
The trouble which began in Shea's saloon
and was continued in the police patrol wagon
yesterday afternoon. as published in yesterdays
STAR, was ventilated in Judge Mliier's court to-
day. Emory Cole the stone cutter, and Police
man King, the principal participants in the
affair, were each charged with disorderly
conduct and assault, and the policeman was
also charged with assault on Policeman Far
quhar, VINO was among those called to help QUel
the disturbance. Lawyer Frank Gloss APP
peared for the officer. Policeman Psrham,
who went in Skeas saloon with King, was not
to be found about court when the case was
called and King had to fight his battle in
court without the assistance Of his brother
officer.
Officer Parham put in appearance and went Oh
tine stand a witness He said that OH
Ger hing had his revolver out and he |
(witness) took 1t from him. Witness
went as far as the box with hing
and Cole. King had his uippers on Cole and |
| the latter refusing TO go. He saw Cole |
strike King and the latter returned the blows. |
He also saw Cole kick Officer King. Witness |
lef. them at the patrol box and took Kings
pistol to the station
What was Kings condition. asked the
court
Il think he was under tine influence OF
liquor" was the officers response.
What had you drank" asked Mr.. Moss.
Il drank glass of beer.
Witness said he saw no occasion for making
! the arrest and he advised Olicer King against
making IT, The scene III the saloon was de-
scribed by witness as 1t was by other wit
nesses.
| 7-l-',r THE OFFICERS PISTOL
I A witness named Gillian, VINO had hardly re-
! covered from his fright, testified that when he
met Oaieer King the latter drew his pistol and
J pointed it at him. Witness became frightened
| and ran out the back way. He returned and
| then Ortcer King renewed the trouble. During
[ the affair King knocked Coles false teeth out of
his mouth, at the same time causing loss OF
! blood.
One witness said the officers and Jim Rooney
| were seated at a table. King he said, took
whisky and soda. Parham took soda, but he did
| not know what Rooney took.
| King. when put the stand, described the
affair aud denied that he was drunk. He also
| said he did not take drink in there. He also
sand that he gave Officer Parham his pistol. He
testified that after tussling for a long time he
got very weak. The officer charged that Cole
kicked and hit him, and also that he bit his
hand.
Cole told his story Of the affair and said that
both the officer and himself were under the
influence of liquor. He identified the false
teeth produced by officer Herbert. They were
knocked out of his mouth in the saloon.
Poll Herbert was also a witness. He
answered the call from the box In the patrol
| wagon. Witness certain that King was
under the influence Of liquor and he placed
| King under arrest. King, he said, assaulted
, | Cole in the patrol wagon.
Mr. Sheas bartender was called and he
denied that there was any profane language
used in the saloon as described by Officer hing
D and said that the first Of the trouble in the
bar proper was when King drew his revolver.
Policeman Farquhar, who went to King 8
| assistance. gave evidence as to profane lam
guage used toward him by King, and said that
/, | King struck him as well as he did Cole. Hing,
/ he saId also threatened to arrest him Far
ouharY He also described the conflict at the
box, and said that King would not
wait for the wagon, but started to drag his
prisoner to the police station, and on the way
{ he struck Cole at least four or five times. Fol-
! loving this he described the trouble in the
: patrol wagon. King also kicked witness
THE JUDGES QUESTION.
. Judge Miller raised the question OF the off,
GERS right to carry pistol. and several officers
. In authority informed the court that an officer
! was supposed to be on duty all the time.
: when he is off duty is he permitted to
: drink" the judge asked Lieut. Boyle
Z Yes, SIT" answered the lieutenant.
= blight there" remarked the court, iii the
! rules of the department are suspended and an
4 ofricer is permitted to take drink then he has
Z no right 20 carry pistol. and If brought into
o this court FOR carrying piston AZ sucn tinas
: ne will be sent to jail"
1Pohce Surgeon DR.. Kleinschmids testified &c
an injury received by Officer King and this
closed the testimony.
= Judge Miller in disposing Of the case spok,
a of the rights of an officer in making An arres
and then maintaining it under proper circum
stances. In this case, however, the cour
: found that q different state Of affair
existed The court had no doubt that tn
s, officers went in the place for the purpose o
$, taking a drink and not to make an arrest
> As citizens the officers evidently had
r right to go in there and tax
= a drink, but they were longe
policemen. King brought about the entir
E. trouble There is nothing in the case, tn
4 Judge said to show that there was any cause 4
n make an arrest. An officer can't get into
:. bron with others and then when he be
1t comes offended his authority as
ls policeman. The testimony shows brutal AS
& sault by the officer all the way along. Whe
3 an officer is a party to a fight and does not ge
a. into it by virtue Of his office he is on the plan
Us of every citizen and will be treated as such.
ST The judge said he had always upheld the off
Il GERS in their legitimate duty and be Will cor
. tinue to do so. but in this case there Is not
a scintilia Of evidence to show that King went
- the saloon in the performance of his duty.
d. THE oFFIcER SENT TO JAIL
:, ''The assault on the officers part was
d. brutal one," concluded the judge, land he ca
'' 60 to jail for four months. Cole is dis
80 charged
80 Sentence was imposed In the case Of assau
,Oo on Cole and the other charges against him wei
M n nolle pressed.