Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-02
MISTOOK THEIR DUTY,
Three Policemen Told by the Judge
That They Made Illegal Arrests.

Policemen P. ]. Fingles. Owen Cooney
and T. s. Wheeler appeared in the Police
Court, before Judge Kinlball. yesterday,
| and each Of them had what he thought
was a case. But 1t took only a few min
utes for the court to determine that they
had arrested their victims for no cause
whatever and In one case the court took
occasion to make some remarks. In this
| case the defendants were two young men,
named Grant l.. johnson and Charles T.
Johnson. said to be cousins. and Policeman
Fingles had given them the order, Move
on, or I'll run you in They were orderly
and well-behaved. and saw no reason why
they should obey the order, and they didn't
OBEY It. Then the policeman arrested them,
| and they had Attorney Andrew Lipscomb
represent them in the court.
1t was only necessary to hear the state
ment of the policeman in order to deter
mine that he had blundered. The young
men had attended the theater and returned
to the Cochran Hotel in a public vehicle.
There was dispute about the cab fare,
which was settled, and the policeman ap-
peared on the scene in time to hear the
young men discussing the affair. He, how
ever, was not going to lose an opportunity
to make an arrest If he could help it. and
Whal the young men did not become fright
ened and run at his command to move
on he proceeded to arrest them.
This brief story was told in court, and
Judge Kimball informed the policeman
that he should use proper discretion in
making arrests. and this he had failed to
do in this particular case. Policemen have
tlemen to move on" unless there is some
good reason for 1t. The mere fact that two
gentlemen stop on the sidewalk and engage
In converse ton is not sufficient justification
for an order of this kind. Where there are
disorderly crowds and the sidewalk is OBJ
structed. it is the officers duty to do it,
There was nothing in this case to justify
any such order from the officer and the
charge against them was dismissed.
Mr.. Lipscomb took occasion to compli-
| ment the older officers of the force, saying
they were not con tinually doing such fool
ish things. Some Of the younger officers, he
said, seem to have an idea that making a
! record in this way helps them, but, so far
| as he could ascertain, 1t does them no good.
| Judge kimball said he thought 1t was
more to an officers credit when he can get
| along without making so many arrests
| than when they are constantly arresting
persons for mere trifling violations of the
| law.
Policeman Owen Cooney presented his al
| legged case. His innocent victims, Mrs. Mar
| garet Lewis and Emma Ford, were colored
| women, and the circumstances under which
the arrest was made were peculiarly sad.
| Mrs. Lewis had buried one of her chill
| dren yesterday and when she met Mrs. Ford
| on the street the latter endeavored to speak
| few words Of consolation to her. The
| HedTl-DTokeH HOtn6r COulQ not nelp SheJ-
| ding some tears, and if she wept louder
| than the policeman thought she had a right
| to weep it was not her fault.
Policeman Cooney now understands that
| grief-stricken mothers have right to shed
| tears even on the public streets. Judge
| kimball failed to see any reason for the ar
rest, and discharged the woman.
A colored physician named Richard Byrd
had an unpleasant experience Tuesday
night, and his arrest by Policeman Wheeler
was adding insult to injury, as he supposed.
He had been out driving in the evening,
and on his way home an involuntary mo-
ton Of his body precipitated him to the
sidewalk, but he did not remain there a sec
| ond. This second the policeman thought
| was too long time, and he actually
charged the colored doctor with obstructing
| the sidewalk.
| Judge Kimbatl failed to understand where
the obstruction came in, and discharged
| the doctor.