Smyrna times., 1898-11-02
ARREST OF TOWN OFFICERS.
Geo w. Moore Brings Suit Against Police
men Garner and Jones for
"CrueP' Use of the
Qfllv

George W. Moore, of Severson's
Neck, who was arrested Saturday
night week ago for being drunk and
disorderly and entering into the fight
that took place at the Delaware House,
has brought charges against Officers
Garner and Jones before Magistrate
E. V. Cooper, for cruelty beating him
with clubs in taking him down to the
lookup. Constable Pratt served war
rent and on Saturday afternoon the
above officers appeared before the
Magistrate.
The case drew quite a number of
spectators and among the number
were the President and Secretary of
the Smyrna Town Council, who went
there to back the officers and give
them their support during the trial
Almost Immediately after the case was
taken up, both officers, Garner and
Jones, waived a hearing. The wit
nesses against Jones were Messrs.
John David, Mariner Beckett, Robert
McAffee and Geo. w. Moore. There
was not enough evidence to hold Po-
liceman Jones so he was discharged.
The witnesses against Policeman Gar
ner were Messrs. Robert lamar, John
Murray and Geo. W. Moore. Police
man Garner refused to be tried and
would have nothing to say. He waived
a hearing and would not summon any
of his witnesses to appear for him.
Magistrate Cooper then went on to
hear the witnesses against him to de-
termine the bail. The only evidence
given in was that of Robert Jamar and
it was on this that the Magistrate
postponed the case until last Monday
evening and held Officer, Garner on
his own own recognlzance, IN the sum
of $4,000.
On Monday, night Policeman Garner
appeared again before Magistrate
Cooper and took with him the Presi-
dent and Secretary of the Town COun-
Gil. AS all the witnesses had been
discharged and the complainant refus-
ed to settle the case amicably, the
Magistrate held Joseph Garner for
Court in bail of $4,000. j. G. Robin
son, president of the Town Council
and H. S. Anthony, secretary, went
his bail.
1t is unfortunate that this case had
to be taken up by the Magistrate mas
much as they are officers to preserve
order, appointed and given the power
by the Smyrna Town Council. The
Chilly" was given the officers to use
and in many cases of resistance this
means of punishment is the only thing
that will subdue rebellious prisoner.
In the above case, however, it is al
legged that Policeman Garner dubbed
Moore over the head without his offer
ing resistance, and such complaint
being duly and properly made, Magis-
trate Cooper was compelled to take
cOgniZance of it.
Whatever the case may be it only
goes to depreciate the efforts of the
Policeman to preserve order and gives
the lawless class encouragement to
defy justice. This class seemed to
take great pleasure in the fact that Of
ticer Garner was fined for clubbing
man in a case several months ago, and
should they succeed in MOore's case it
will only encourage them that much
more. The fact that the Town Coun-
Gil Is standing by its officers is a COM
mendable thing. They paid the fine
and costs of Garner's case the last
time and they will do it this if it is i'm
posed. Policeman Garner is one of
the best officers the town has ever had
and 1t is reasonable to assume that if
he or any of the officers did not do his
duty, they would be removed by the
Council in short order. Officer Garner
has done his duty and the Council
know it. Hence as they have given
him the position and clothed him with
all the power of an officer, there is no
doubt but that they will stand by him
to man. What the court will do with
the case remains to be seen.