Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-20
BATTLE MINOR ACQUITTED
His Son, However, Gets a Light SEN
tenea
End of the Sensational Trial for the
Alleged Assault on Police
man Greer.

1Hc tIldl VI bdttle MINOR ana MS son,
Clarence, charged with attempting to kill
Policeman George w. Greer on the evening
of June 25 last, was resumed this morning
in Criminal Court No. 2, with large in
crease in the number of spectators After
placing Dr. Walter Cannon, a police sur
geon. and w. H. Coleman on the stand, the
prosecution closed, and then Attorney P.
E. Johnson, for the defense, stated that in
his opinion no case of assault with intent
to Kill had been made out against Battle
Minor, and moved that the Jury be instruct
ed to return verdict in his favor, but
Judge Cox ruled that at least prima facie
evidence had been presented, and the trial
must proceed.
The defense then opened by calling James
Heard, colored, who witnessed the fight on
June %. Battle Minor was driving at a
slow gallop, according to the witness, when
Greer rushed out, stopped the horse pulled
Minor from the seat and struck him with
MS club. Minor dropped to his knees and
was struck again. He then endeavored to
keep the policeman from further assaulting
him, but did not strike Greer
Walter Hison also saw Greer pull Battle
Minor from the wagon and strike him sew
eral times According to the witness Minor
did not hit the policeman with his whip or
anything else.
The Daughter.
Bessie Heard made similar statements as
those Of H.son, and then Alcoretta Minor,
daughter of Battle Minor, was called. She
was walking up and down the street when
the arrest was made June %. Greer stopped
the horse and said: Consider yourself
under arrest for fast driving" He then
raised his stick to strike the horse. when
her father said, Don't hit that horse
Greer then pulled Battle Minor from the
wagon, hit him twice and dragged him into
Gardner 8 store. The only other words
spoken heard by the witness, were uttered
by her brother Clarence, who said, Don't
kill my father"
Clarence Minor.
Anderson Hargrove and John Ransom tes-
titled to seeing Greer pull Battle Minor from
the wagon and strike him, and then CIar-
ence Miner took the stand. When the po-
liceman had stopped the horse, according
to Clarence, he said to Battle Minor: Il want
you" Battle raised up, handed the reins
to witness, put the whip in the socket and
was descending, when Greer pulled him
down and struck him. He fell and was
struck again. Battle was dragged to the
store. Witness, looking through the win
dow, saw Greer raining blows on his father.
Clarence then entered and Greer said to
him: You get out of here, you - Niger,
don't like you, anyhow" The policeman
then struck It him, and witness retaliated
by hitting Greer across the shoulders with
a cane. The latter drew his pistol and wit
ness went outside. He saw Miss Fowler
coming with pistol and saying, xiii both
those niggers.'' The patrol wagon arrived
and witness ran away. Neither witness nor
his father struck the policeman, except as
stated. and no attempt was made TO take the
pistol from Greer.
Instructions Asked.
The defense closed at this point, and At.
ttrrey Taylor asked that the court instruct
the jury in effect as follows:
Under the indictment. in the absence Of
the use Of a deadly weapon, any assault
falling short of a battery must not be con-
sidered at all by the jury. And no mere
demonstration or even striking with the
bare hand can be regarded by the jury
assault. with the specific intent to kill. in
this case. When an officer is engaged in
making lawful arrest he has a right to
Use such force as may be necessary to make
the arrest and to maintain the arrest after
it is made, but when he exceeds such rea-
81 nahle force, and wantonly assaults or
beats a prisoner, and thus subjects prIs-
oLer to danger Of loss of life or danger IF
great bodily HARM then such prisoner has
a right to defend himself against the i'm
perding danger, to resort to such force as
may be reasonably necessary to protect
himself against danger to fife or limb even
to the extent of taking life. and a son has
lawful right to interfere in such case to
protect his father, subject to the single
limitation that he act reasonably.
Lawyers Argue.
Arguments to the jury followed. Assist
ant District Attorney Jeffords and Messrs.
johnson and Taylor all speaking Mr.. Tay-
lor in his speech laid particular stress on
| a declaration that the issue in the case was
one that had long been forming-and has
| at last come to light-the brutality of GER
| tain policemen against citizens of the COM
munity because they are black. The whole
prosecution, according 20 Attorney Taylor,
was brought to protect Greer from dis
missal-ro hide his brutality.
The Verdict.
After further argument the case was given
to the jury, and after being out over an
hour the jury returned a verdict acquitting
Battle Minor, and finding Clarence Minor
guilty Of assault and battery. Judge Cox
sentenced Clarence to Imprisonment in the
District Jail for one month, and added fine
of IS.
EEAfLn ATI0N A