Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-27
4 EOIle rrOSsqul Entered In the
Pelt1 Case.
VERDICT GENERALLY APPROVED.
All the Instructions Assea ~ vwe
y
Defence and None Asked by the
Commonwealth Granted - Powers
and Duties OF Constables.
pETrBsRrrRc VA. November ss.-

PETERSBURG, VA, November %-
CSpecial) l)-Detective w. G.. Baldwin, who
had been on trial in the County Court OF
Dinwiddie since Tuesday last for the kill
ing of Henry Hawkes. at Wilson's Depot,
was acquitted this afternoon and came TO
town tonight free man. After his ac-
auital the Commonwealth entered noIls
prosequi in the case Of Detective L. L.
Feltz, who was indicted as an accessory.
and he was discharged. The result OK
this trial is generally approved both at
Dinwiddie Courthouse and I'm this city.
Both officers were heartily congratulated.
It was generally understood yester-
day when the Court decided thSs
the warrant. upon which W. h.
Hawkes., son OF the deceased. was
arrested, was legal and proper. and
that the Magistrate did right in issuing
it. that the case for the Commonwealth
was well-nigh hopeless. The Commons
wealth fought the legality Of this warrant
strenuously on the ground that the crime
charged being a simple misdemeanor'
committed I'm Nansemond county, and the
warrant being issued by Justice In Not
toway county, and executed by special
Constable. without Enforcement. in Din
widdie, It was invalid. Under the Judges
decision they lost this point. Then to-
day the Court granted all the instructions
asked for by the defence. ard none Of
those asked for by the prosecution.
WITHOUT ARGUMENT.
I'll ~ asas i,.i,s ssFz. WI. Dls.s.4ss
gained by the defence and a rather dis
hearteuing blow to the Commonwealth.
who. after consultation. agreed to sub
nit the case to the jury without argu-
ment. This was done. and about 30
o'clock tho jury retired In twelve minutes
they returned with a verdict OF ac-
ouittaI. The Jury were probably helped
I'm reaching their verdict by the fact that
the testimony Of several of the most I'M
portant witnesses for the Commonwealth
had been practically impeached and
broken down by the defence. Tho able
LAWYERS on both sides managed their
cases with consummate skill and abiiity.
As the Instructions asked FOR by tho
defence. and granted by tina Court, EN-
brace much that is new and important
Z 1
/ A Justice OF the peace may lawfully
appoint a private individual special
! constable TO execute warrant or ar
rest issued by him, and the person 30
| oppointed has al OF the authority TO ar
| rest the person charged witb me con-
mission Of crime that any constable would
| have under a warrant issued to him. ana
| Is entitled 10 the same protection whilst
! executing the warrant
.. A special constable thus acting under
| n warrant may arrest the perSoh S"oi So
| anywhere In the state
| z A special constable may call upon q
nrivate individual 10 assist him IN making
an arrest. and the person so called upon
may lawfully make the arrest, provlosd !.
| is done III the presence OK the speciai
| constable.
4 such person is entitled to all the pro-
lection the law gives 20 the congtaole.
An officer armed with lawful war;
rant has the right. ana tits his auty' 70
use every necessary means 70 make th'
arrest If resisted he may use sucn force
\ as is necessary to overcome the ieSft-
| ance. even to the taking Of life. In such
case n the person resisting IL killed by
| the officer, It is justihable homicide, *
the officer is killed it Is murder.
THE OFFICER MAY KILL.
G. II an officer charged with the exscu-
ton Of a warrant OF arrest sees another
parson about 10 commit a felonious aa-
sault upon a person called upon 20 essiss
him i'm making the arrest or II ths ac-
tions OF such person are such rs 70 give
him reasonable ground to believe that
such felonious assault is about 10 be COM
mltted. then the said officer may XII
such other person, IL II be. or appears TO
be- necessary TO do so TO prevent the
commission Of said felonious assault
T. The Court instructs the jury that IL
they believe from the evidence that ths
circumstances, as described in instruction
No. 6. existed at HAWKES. store. when
Henry Hawkes. was killed, Baldwin was
acting properly as an officer. and that II
the killing was or appeared 10 be nsccs-
sarv 10 protect himself or 4. Il. Feltz,
his assistant. from death or serious bodily
harm. they must find w. o. Baldwin NOT
guilty.
9. III there was reasonable ground for
Baldwin 10 believe. from Henry Hawkes.
| actions. that said Hawkes. was ABOUT Ia
kill or infiict serious bodily injury on
Feltz. his assistant then Baldwin wa1
iustldable In shooting Henry Hawkes.. to
prevent his shooting Feitz.
WHAT THE LAW REQUIRES
Q Whilst the law requires special
constable 20 have in his possession the
v.,r-~nt under which be acts and TO IN.
ho person whom he is arresting OF
O. ne Is not bound to exhibit oI
reet % the person 20 be arrested, un
lees demand &c made that he do so. and
: then only as soon as he can with safety
II. whoE the warrant be exhibited OF
read 10 him, he ua!rees resistance 10 th'
, arrest. the officer may use all force ne
) cessary 10 enable him to overcome sucl
resistance and make such arrest.
These instructions cover the case fully
The warrant was for the arrest OF ii
w. Hawkes.. and while II was heinl
served by Feltz. Henry Hawkes. inter
fered, aimed his pistol at Feltz. and wa
shot By Baldwin.