Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-03-20
HE Us ED HIS CLUB
Officer Vermillion. for Beating Prisoner,
is Fined Twenty-Five Dollara
An UnruIy Drunken Man Hns Certain
Rights M n Human Being
Even Under Arrest.

case Of Frank Nicholson and Policeman
Vermillion. who figured in street fight at
Sth and K streets southeast Monday after
noon. when the officer arrested Nicholson
for being drunk and disorderly. Nichols
son, who has served several long terms in
Jail for assaults on polio emen, was very
much intoxicated Monday afternoon, and
had caused so much trouble in a cigar
store that the policeman was sent for.
When he reached the scene of the disorder
he found Thomas Kuhnert, who is better
known as Connors, had him in charge.
He also had been drinking, so he said in
court, and the five or six whiskies and
beers he had taken had put him in a con-
dition that the officer thought made him
incapable of taking care of Nicholson.
After the policeman telephoned for the
patrol wagon he went over and placed
Nicholson under arrest. AS he always
does. Nicholson resisted, and the officer.
knowing his desperate character. kept him
self In readiness to resist an attack.
The affair caused considerable excitement
in the neighborhood and attracted a large
crowd.
The officers club was brought into play
on Nicholson's head. and while part Of the
onlookers thought the officer gave the
prisoner Just what he deserved, there were
others who denounced his conduct.
Charles F. Beers, a member OF the Cap
itol Hill engine company. was one of those
who witnessed the affair, and he felt SO
much aggrieved that he went and sworc
out a warrant for the officer, charging him
with an assault on Nicholson.
On behalf of the officer a number of wit
Eesses were called. The officer himself said
that Nicholson kicked him before he used
his club and he also struck at him. Others
saw him do the things described by the
they saw the motions. and could not say
that his foot or fist actually touched the
policeman.
Lawyer Turner represented Nicholson,
but did not call his client to the stand, for
the reason. he said, that Nicholson was SO
drunk when the trouble happened that he
Gid not remember the circumstances of the
affair. Charles Beers, the fireman, was his
most important witness, and he declared
the policeman dubbed the drunken man for
no reason whatever. Some of Nicholson's
witnesses said that he (Nicholson) had
made no effort to assault the officer before
the officer used his club while others con-
II addicted them. The proof in the case was
very contradictory, so the court found.
The officer Criticised.
Counsel for Nicholson made an argument,
in which he severely criticised the officer
and referred to the case In which bullet
from the officers pistol killed man. He
argued that the policeman's conduct was
cowardly and that his use of the club was
brutal.
Judge Miller. commenting on the case,
said an officer who sees the law violated is
bound to make an arrest and maintain it.
However drunk the man may be, ne has no
right to attack The officer, and the latter Is
not bound to stand an attack without re-
pelling it. While the officer must be pro-
tected, he must not use undue violence to-
ward his prisoner. The court said that OFF,
GERS must not undertake to punish their
prisoners, and must not use the club until
all other means at their command have
been exhausted. When a policeman uses
his club unnecessarily or for the purpose OF
revenge he is guilty of assault.
Nicholson, the court said, was not quite
so disorderly on this occasion as he usually
is. and he was fined 81 on this charge. On
posed.
Lawyer Thos. Taylor then represented
the officer In the charge of assault against
him. One witness said that Nicholson had
been dtsorderiy in a pool room, and had
run several men out Of the room with
chair.
The witness. Beers, told the court that he
saw the officer strike Nicholson five times,
three blows being inflicted while Nicholson
was down and two when he was partly up.
A witness named Schultz said he saw the
officer infiict three blows. He did not see
Nicholson kick the officer. Two ether wit
neSses were called, end the court then
heard the defense.
The officer repeated his testimony given
in the former case. He said that he struck
two blows in quick succession, and inflicted
the third blow when he saw that Nichol-
son looked as If he would eat him (Vermil-
lion) up.
Numerous Ugly Wounds.
He used his club. he said, in order to main
tain his arrest and to protect himself De-
PENDANT was asked how he accounted for
five scalp wounds on Nicholson's head when
he had only inflicted three blows He said
he could not account for Them for he was
certain that he had inflicted only three
blows. He said he knew of Nicholson's
desperate character. both from personal
knowledge and reputation. When he called
for the wagon Nicholson was living on the
sidewalk, and the officer could not tell WHY
he did not await the arrival of the ma troll
wagon and other officers before he arrested
Nicholson.
Lieut.. McCathran testified that when
Nicholson reached the station he walked
into the station without any trouble but
when he got inside the building he wanted
10 nght, and 1t took three officers to get him
in the cell.
Policeman Hinkel. who was in charge of
the patrol wagon when Nicholson was ar
resi- gave evidence concerning his con-
quot while in his charge. While Nicholson
was in the wagon he kicked at the officers.
but none of them struck him.
When counsel for the officer had con-
cluded his argument Judge Miller referred
OF the government be true, and Nicholson
did not offer any resistance before the
clubbing. the officer should be charged
with assault with intent to kill But the
evidence Of the defense had changed the
condition Of affairs. The court referred
to the law relating to arrests, and said
that trouble was frequently caused by the
substitution of the club for other available
means. The club is rescrted to at times
because 1t Is more efficacious than other
means. II Nicholson kicked at the officer
while he Nfchoison) was on the ground
the officer could have called assistance and
prevented this trouble while the intoxicat-
ed man was kicking. Nicholson was guilty
of petty misdemeanof, and there was no
occasion for the. use of the club in this
way.
Comment of the Court.
The judge censured the policeman for not
calling in the proper assistance and told
him there was no sense in his beating the
man up in this condition. Nicholson NAV
be bad character and may be a nuisance
to the community. but he is a human be-
Ing and must be treated as such. The court
complimented some of the older officers of
the force upon the fact that many of them
have never used their clubs on prisoners.
and said that nine men out of ten can be
arrested without trouble II the proper means
are employed.
In conclusion, the Judge said he was salts
fed from the proof that the blows were in