St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-11
But the Fact Is Established
That Officers Must Be
E1A Careful
WHEN ARREsTiNG PEOPLE
For Acts Constituting Misde-
meanors Unless They Are
20 . Eye-Witnesses.

ncer John LdWtOn 81, UUu LOT the al
legged false Imprisonment of his son,
Cassius NJ. Fitzgerald, yesterday re-
turned a verdict in favor of the de-
PENDANT inside of three minutes, if
the instructions of Judge Kerr to
therjury stand as the law; police Of
ficers will have to be careful here
after about arresting people for acts
that constitute only misdemeanorS,
unless they see the acts take place.
| Following are the facts developed
in the trial
One night in December last a num-
Der of young hoodlums We're present
at a meeting of the Salvation army,
and became SO noisy that Door
keeper Clarence Bacon found it
necessary to eject two or three boys.
He says that while he was arguing
with the boys about leaving the hall,
young Fitzgerald, who looks to be
about seventeen or eighteen years Of
age, interfered and told him to take
some one of his size. He claims
that Fitzgerald then struck him
twice, making two deep cuts on his
face
A general uproar followed. but
Bacon, determined to bring his as
sailant to justice, locked the door
50 as to let no one escape, and then
ran for policeman. He found Of
ficer Lawton, took him to the bar
racks and had Fitzgerald arrested.
Ihe boy remained in Jail from 10
until l o'clock, when his father bail
ed. him out. He was tried in the
municipal court next day and ac-
Quilted number of other members
OF the gang, who found amusement
IN tending the meetings of the army.
testifying that Fitzgerald was not
the one who did the striking. There
upon the boys father began a
damage suit against the officer.
~. a. Fleming was attorney for
the plaintiff and his contention was
mat even If young Fitzgerald, did
90 the striking, it would. according
TO the pleadings, only amount To q
misaemeanor, and that under the
statute he would have to be taken
before a magistrate immediately
Judge kerr's answer to this was
mat the common sense construction
OF the statute was that he sborJd
be taken before a magistrate as
soon as convenient. q
Fhen Mr.. Fleming dug ND. another
sIatute Prohibiting o. arrest in the
night time or on Sunday without a
W. warrant + an on which was endorsed bv
d magistrate a demand for i'm
mediate arrest, l
Except FOR A FELONY
another contention of the nIaintifp,s
attorney was that inasmucb as thor
was no disturbance in the presence Of
the officer, he had no authority to mafa
an arrest simply because somehodv
requested him to do so.
Attorney c. D. O'Brien. for the do
tense, contended that finasm,,cb &c
Bacon was bleeding profusely from two
"ou,ios IN MS race when he approach
gu the ofhcer, the officer had good rea-
sun 10 oeileve that felony had been
COMMITTED, II, indeed, there was not
When young Fitzgerald was arrest
eq' a crudely made sIing-shot was
lound III the right hand pocket of his
sack coat. 1t is a chunk of lead about
an inch square with a rawhide thong
run through 1t. 1t is Just such q.
weapon as would very conveniently
make the wound Bacon sustained
. Young Fftzgerald's explanation on the
witness stand as to how he came To
nave such weapon on his person was
that he carried it to wake his brother
up by hitting him on the soIes of tha
feet with it.
Attorney c. D. O'Brien created q
little amusement by his witty cross
examination of some of the witnesses
for the plaintiff
You were praying, I suppose, when
the officer entered?" he, in a very SER
lous tone, asked Robert Stees. who had
testified that Fitzgerald was not the
one who did the striking and that
everything was quiet when the officer
came in and arrested him.
mo, 1 WASN'T PRAYING"
was the reply.
"Oh, you prayed while the rumpus
was going on?" said the witty at
torney, emphasizing the you" and
ending with the rising infection.
NO"
Didn't you go there to pray?" he
asked with apparent surprise.
NO.
What did you go there for?'
ITO sing and pass the time away"
'You didn't go there to Worship"
mo"
''You went there just to have some
fun?''
mo, didn't go there for fun"
Attorney Fleming was sharply re-
buked by the court for his numerous
trivial objections to the cross Suggestions
put to some of the witnesses.
An offer on the part of Attorney
O'Brien to show that young Fitzgerald
was a constant attender at the Saliva
ton Army meetings, and a frequent
disturber there since the time of this
trouble was overruled by the court.
Bacon swore positively that FItzger-
aid was the one who struck him, but he
could not tell with what. He was salts
fled from the cuts made in his face
that he had been struck with comethine
besides a fist.
In his charge to the jury, Judge Kerr
said, in part: Police officers have no
right, as general thing, to arrest for
a fnisdemeanor without a warrant. I'M
less the act is committed in their pres
ence. But even a private citizen has a
right to arrest for a misdemeanor COM
mitted in his presence, and turn the
person SO arrested over to a police of
ficer or magistrate. The question, then.
is, was young Fitzgerald taing part
with those who were committing a
misdemeanor by disturbing this meet
ing. II you find that he was, and that
he was arrested by Bacon and others
present, and detained in the building
until he could be turned over to an Of
ficer, then it is your duty to find for
the defendant. But IL you find that he
was not a party to the misdemeanor
then the plaintiff is entitled to dam
ages
It is this last instruction that makes
1t necessary for policemen to be abso-