The evening times., 1896-03-20
liceman struck Nicholson while he was
drunk ard PROSTATE on the sidewalk.
THE PRISONERS FRIEND.

otuhh dffu pIOStIdtt vi tue tOCNdlk.
THE PRISONERS FRIEND.
Charles F. Beers. who swore out the war
rant charging Policeman vermilliou with
assaulting Nicholson. was the most i'm
portant witness for the prisoner.
He testified that as vermiliiOn was re-
turning from the patrol box, after sum-
InOning the wagon, he Crew his club and
deliberatel beat Nicholson as he was prone
on the ground. *
After striking the prisoner Vcrmilfion
turned to the by-standers and threatened to
club any OF them If they interferred.
Nicholson was helplessly drunk. yermil-
lion did not make remark to the drunken
man or put his hands upon him. He just
went up to him and dubbed him. Witness
was alongside OF the policeman. He only
knew Nicholson and Vermillion by sight.
He did not see Nicholson hit or kick the
policeman. The latter struck the prisoner
five tunes with his club. He was too help
less to resist arrest After Nicholson had
been loaded into the patrol wagon witness
heard Vermillion tell the other officers 10
"blackj Jack him."
Thomas Kaiihart, or Connors, who was
With Nicholson a the time OF the occurrence,
gave similar testimony to that OF Beers.
Andrew Smith a reyivalist, who said he
had been in the Christian Ca use three years,
gave testimony against the policeman, as
did Edward Oliver aud several others.
In disposing of the case OF assault against
Nicholson Judge Miller made some caustic
reuiarks about The use OF the club and pis-
tol by policemen.
The police must Learn this lesson, that
the courts will protect them, but they
must Eot attempt to tDflict punishment
upon prisoners by using violence or their
clubs. The club must not be used until
every other means fails. The law of the
land, If not tie police manual, says
policeman must have that discretion in
making an arrest.
The testimony in this case is conflict
ing" added his honor. "and IL believed
yernlillion hit Nicholson first 1 would
let him go out or that door quick. Nichoi-
son is guilty OF a technical assault
In the disorderiy case Nicholson was fined
So, and So for the assault, Just as II the
policeman had not dubbed him, explained his
honor.
vERMILLION FINED.
The charge OF assault and battery
against Policeman Vernniiion was
then taken up. Frank Nicholson wasthe first
witness and related the occurrence as told
above.
Police Iieut. McCathran, Vermillion's
superior officer testified that it required
the services OF three policemen to lcck
Nicholson up after he reached the station.
Policeman Hinkle testified that no threats
10 dChidth tuC pfioohcA "SA~ AiNS -
the patrol wagon.
Judge Miller said the government testi-
mony sho ed that V yermilli onhadcommitted
an unprovoked assault upon Nicholson
yermilliOn struck the second blow as a
soporific. TO subdue the prisoner. Hishnnor
spoke severely about the reckless use OF
the club. and warned policemen that while
wearing the uniform OF the law, they must
not be swayed by their passions or preju-
dices to that extent which will cause them
to use this terrible weapou."a a poiiceman's
club II an officer cannot realize this. he Is
better Off the force than on it."
yermiIion assaulted a helpless. pros
trate man. All the testimony is against
the officer and it is conclusive. Vermil-
lion should have called assistance. and not
cIubbed Nicholson as he did There are
old policemen on the force who have never
struck a prisoner, and they nave made
more arrests than any others.
Policeman Vermillion used his club on
helpless drunken man, and is guilty Of
assault and battery.
"As a leeson," said his honor, you are
fined $50"
Charges will be put against Vermillion
tomorrow. before the police board, by the
friends OF Nicholson.