Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-23
THE OFFICER GUILTY
The Verdict Of the Jury in the Terry
Case.
THE PRISONER TAKEN TO JAIL
Tho Rights of Police Officers
Under the Law.
U S E OF REV DIV r r S

AS stated in The Star, the trial of Police
man Chas. B. Terry, charged with assault
ing Willis Washington, young colored
man, by shooting him on street near
14th on the 22d of last November, was COM
MERGED yesterday. Washington was brought
into court on stretcher, and testified.
The testimony of the doctors at the Emer-
gency Hospital was also given.
Policeman VIM. Steurman, who was with
Terry at the time of the shooting, testified
that they opened their coats to show Wash
ington their badges, and also ordered him
to stop. Washington, he said, started off
on run toward 14th street. He and Terry
ran after him. Terry being in front. Terry
fired twice, Washington falling at the Sec
ond shot.
Evidence for the Defense.
For the defense Maj. VIM. G. Moore was
the first witness called. He stated that he
had ordered his men to be diigent during
the 'Jack the SlGsker' scare, but knew
little personally of Terry. Policemen Mitch
ell, Foley, Evans and Slater were called,
but the greater part of their testimony was
ruled out, because of the inlmaterialty.
The defendant also took the stand. He
stated that he and his partner, Steurman,
regarded Wa5hington's appearance ana ac-
tions as suspicious at that early time Of the
morning, and that they showed their badg
es. The wounded man, he said, was told
to halt but started eff on a run. Terry
stated that he and Steurman followed after
him, and that when Washington had run
about seventy feet he. Terry, fired his
pistol, but not at the running man. Run
ming few feet further, Terry said that he
fell, and that in falling his pistol was &C
cidep tally discharged. 1t was, he said, by
that shot that Washington was hit.
Tynrl ,,fy,slf pfaI
that he had ever been fined in the Police
Court for shooting at man, and also de-
MED that he had ever shot a man in the
west He said that he had not intended
hitting Washington, and was very sorry
that he had done 50.
The Argument Begun.
At this point the trial was adjourned until
this morning. When it was resumed today
the court room was again greatly crowded.
While Terry appeared in uniform, he did
not, as he did yesterday, wear his badge.
Assistant District Attorney Jeffcrds intro
duced a transcript of the Police Court rec
ords to show that in the case mentioned by
Terry his personal bonds were taken to
appear for sentence. Policeman Bremmer-
man was called by the defense to show
that Washingtons watch was running the
morning of the shooting, but his testi-
mony was ruled out because ii was hearsay.
Both sides then announced that all testi-
mony was In, and counsel thereupon pro-
ceeded to argue the case before the jury,
Mr.. Jeffords leading off.
The Judges Charge.
The addresses to the jury were very brief
and upon their conclusion Judge McComas
proceeded to briefly charge the jury.
The defendant" said the court, sis in
dicted for an assault with an intent to kill
Willis Washington. 1 will not review the
facts. they are fresh in your minds. You
VIII consider the facts, the young man go
ing early to his work, the two officers eager
to catch thief. the meeting, the running
and the firing twice of the pistol of Officer
Terry, and the results of the second shot
for which he is indicted.
These officers of the peace must be SUP
ported by the courts in the discharge of
duty, but officers of the peace should I'M
derstand that II is not their duty TO shoot
a person they seek to arrest If he only fails
to halt when commanded. 1t is their duty
to use such means to secure a prisoner as
Will enable officers to take a prisoner into
custody without resorting to the use of
firearms, and officers will not be excused
for using dangerous weapons in any case
where, with diligence discretion and eau
ton, the prisoner could be otherwise taken
The officer has the right to arrest, without
warrant, any one he suspects to be guilty of
felony; II. however he uses more force tina n
necessary, he is guilty of an assault An
arrest, not unlawful in itself, may be per-
formed in manner so criminal and inn
proper as to make the officer who in the
prosecution OF his purpose, causes the death
or another person, guilty of murder or if
without malice. of manslaughter only. In
all cases the officer should proceed with due
caution, and although it is not necessary
that the officer should retreat at ALL vet he
ought not to come to extremities except
upon reasonable necessity, to execute his
duty.
As to the Intent.
ITO find the defendant in this case guilty
Of an assault with intent to kill Won must
find not only the assault and battery. hut
also md, as fact. the intent to kill This
intent exists in the mind, but is manifested
by the facts and circumstances connected
with the commission of the act If the
author of the act you are Judging he Of
sound mind, the law presumes he intended
the natural necessary and often even prob
able consequences, the intent to kill NAV
be inferred from the use of a deadly wea
pom. Inc intent to kill person may be in
ferred from the shooting itself, where the
shooting Is done by the use of a deadly
weapon"
Judge McComas instructed the jury as to
tired.
Guilty as Indicted.
Inc jury were ready to report when court
resumed its session efter recess and it
was said that they took but half an hour
to reach their verdict.
When the jury returned at lis. Foreman
kettler said to the clerk, in answer to the
usual formal inquiries, that they found
Terry guilty as indicted. Counsel for the
prisoner entered a motion for a new trial
and asked Judge McComas to allow Terry
to be bailed in the sum of $1,000 pending
the courts decision on the motion Judge
McComas, however refused to allow Terry
10 go cut upon hail, and he was taken be-
ioW ana locked up in the cage pending his
removal to jail.
Terry and his friends apparently did not
anticipate such verdict, and the convicted
man was not little distressed. The pen
aIty LOT the onense of which Terry stands
convicted is not less than two nor more
than eight years in the penitentiary.
DISTRICT CnVInNurNu,