The morning times., 1896-12-16
MEN WHO RESIST ARREST
Judge Miller Defines a Police
mans Powers Very Broadly.
ECHO OF THE SHEARS CASE
James Perry Knocked Officer Short
Honor Made Sarcastic Remarks
About the Policeman's "Mercy"-
Offender Given a Stiff Sentence.

Just as dusk chilled the daylight yes
terday and the first snow of winter
| began 10 fly, Judge Miller, in his court
after jury had pronounced James g..
| Perry guilty OF assaulting Policeman How
ard o. Short, delivered a scorching re-
| buke TO tile prisoner and all of his ilk, who
| antagonize policemen in making arrests.
Short has been on the force three
| months, and according To the court s reas-
| oning, displayed rather peculiar mercy
| to man who degraded his authority, 10y
| throwing him to the ground where ne
pinoned him until the defendants Father
came TO the policeman's relief, restor-
ign hia baton in the hands of the son, and
| cleansing Shorts uniform from the mud
| III had suffered in the struggle.
1t was on Thanksgi wing morning, in
| Henry Deans coal yard, at the corner of
| i street, near Twenty-sXth street, where
the difficulty occurred. Mr. Dean, quite
an old man, saw Perry, with several
! companions, in the yard, passing a bottle
| of whisky among themselves. Dean, know
/ ing they had no right there, was in-
clined To order them out, when he missed
his pocketbook, containing So, which he
| had in his hip pocket just before he left
| his office. He accused Perry and the
1 others, who were wrangling with him
when Short arrived. To him Dean told
| his story and accused the men, all colored,
| of the theft. When Short que STONED
1 Perry, that young man said, GU are q
| ID liar.''
WHIPPED THE OFFICER.
| BE CAREFUL demonstrated the officer,
''in what you say"
This only flamed the profanity and Short
| told Perry he was under arrest Perry
| answered by grabbing the policeman's
| club throwing nim down and holding him
| there until Perry, ST., pulled him away.
| Strange TO say, Short, when released,
| walked away and sought two brother Of
| ficers TO assist him, and when they re-
| turned with him Perry was still in the
same place as if awaiting their appear
| ance.
He was arrested, and yesterday Lawyer
| M. NJ. Holland appeared as his counsel
All through the hearing there were half
veiled reflections made to the shooting OF
| London Shears by Policeman Curry MT
| Holland used excellent discretion in not
| drawing the color line, but his insinua-
tions were very pertinent regarding the
attitude of some OF the force toward GER
| tain classes.
He declared that to. abolish the alleys
which have become slums and fostering
beds OF crime would not only improve the
morals OF the cit y but decrease the lament
ably large business of the police court In
this suggestion his honor concurred
JUDGE MILLER's REMARKS.
forcibly and plainly delivered himself on
the subject OF police fighters as he did last
night. All the evidence showed the pris-
| oner 10 be plainly guilty, and the court
in his charge to the jury, dwelt in passing
that from MIR. Deans statement to the
| officer case Of felony was involved and
OF which the latter was obliged TO take
due cognzance and was justified to the
last extremity in placing Perry under his
custody.
Assistant District Attorney Mullowne
after the testimony was concluded, ad-
dressed the jury, and after resume of the
eviuence, said. to subserve the public
| interests, verdict for the government
| should be rendered.
The public have nothing to do with
this" cried Holland, and appealing for
confirmation to tue judge
mo, they haven't assented the court.
They have in this way said Mr.. Mul-
lowney. The verdicts OF juries have their
certain effects on the community, certainly
that portion Of the community which is
inclined to lawlessness.
certainly, continued the prosecutor
1.-The officer endured the most biting in
suits in permitting this prisoner to so
roughly handle him and yet bring him in
court without mark on him. He never
raised his hand TO strike him His en-
durance under such circumstances speaks
well Tor his temper and restraint
MR.. HOLLANDS PLEA.
Mr.. Holland pleaded for his client, who
he said, was innocent Of any connection
with the missing pocketbook and was as
sertlng his rights in refusing to submit to
the stigma of such crime.
Inc case was given to the jury, three
OF whom were colored men, and in fiji
teen minutes they returned a verdict OF
guilty.
bod 4hn
with the defendant because of his youth
and previous good record.
Let him step around here,'' commanded
the Judge.
Perry. how old are your" he said
Twenty one, sir"
Now, what induced you to resist that
officer; where do you receive the training
that causes you 10 act so?'' asked Judge
Miller. Your father is respectable man.
and j understand You have never been
in trouble before. You were drinking, l
guess"
NO, ] wasn't" this very sullenly.
II can't understand" said the court
now the officer ever came to treat you
as he did. 1t must have been from great
mercy or or something else'' and his honor
locked a Short, tail, sinewy and com
pacuy built, then al Perry, small and stout
You whipped that policeman and it was
your father who separated YOU Do YOU
know what that policeman should have
done? He ought to have held his billy over
your head, his pistol to your brow and
dragged you to the station house can
not understand his actions
Every day in the police court We have
people who are prosecuted by their fathers
mothers, relatives and friends. who accuse
them OF the crosses brutality, and vet in
a case like this every virtue turns to
a vice, because policeman is involved
in it,
Judge Miller said that every good citi
zen, black or white in his heart discoura ged
the attempts at outrage made on police
men.
The court spoke of the increasing pre-