The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-09-16
FOR SUPERIOR COURT
Park Officer Who Handcufed
Young Carter Sent On.
Charf ed With Throwing and Splitting at Wild
Cat In Zoo, Carter Was Arrested, Hand.
cuffed and Put In Guardhouse.


A trial of great interest, lasting late
into the night, was begun yesterday af-
lin.
1t was in the case of Carter against
Saunders, the charge being that Thomas
b. Saunders did, with force and arms
assault, beat and falsely imprison Ebert
Carter" The trouble began Sunday a
week ago when young Carter, 16 years
old, was arrested by Saunders at Pullen
Park, charged with throwing rocks at and
splitting at the wild cat in the 200" at
the park Saunders. who made the ar
rest, put handouts on young Carter and
brought him to the city guard house. On
Monday following Carter was fined So and
costs by the mayor. The case was APP
pealed, as Carter claimed only to have
thrown a pebble to arouse the wild cat.
The trial was attended by great num-
Der yesterday. 1t was first set for ten
o'clock, but was postponed till four,
when it was begun and at seven o'clock
a recess was taken for supper and the
case was continued at $780, Messrs.
Douglass & Simms represented Carter
while Mr.. ]. N Holding represented
Saunders. At midnight the case was
ended and Saunders bound over to court
in 500 justified bond.
Carter stated that when he was placed
under arrest he willingly consented to
accompany the officer. but when an at
tempt vas made to place the handouts
OH his hands he asked Saunders to please
not put the things on him as it would
be of no use and he would not give trou-
BILE. Saunders says a resistance was
made and it was necessary to put them
on. Carter is a slight looking young
fellow and Saunders is grown man. The
young fellow is given an excellent repu-
tation and is a student at the Raleigh
Male Academy of whom Prof Morson
speaks we'll, saying he is an orderly young
man.
At the trial the mother and sister of
young Carter were present. The attor-
neys on both sides pressed every point
and the arguments were made at great
length. For the plaintiff, who brought
suit against Saunders on a charge of as
sault and false Imprisonment his attor-
2eys contended he had violated no law
of the city or State, there was no war
rant issued and that the Handwriting was
entirely uniustiied.
On the other hand the defense con-
tended that the law was plain and had
been violated that there was no neces-
sity in the case for a warrant and that
the officer at the park was justified in
his manner of arrest
Park Keeper Howelrs testimony
showed that he made the original arrest
and used no handouts. That the young
man had questioned his authority to ar
rest him and that he wanted to show
him that he could do So That he had
arrested others and sent them to the
guard house. Park Officer Saunders tes-
titled that he put the nippers on Carter
for fear he would run away and after
wards took them off while on the street
car. Carriers evidence showed he had
made no attempt to escape.
The attorneys were deeply in earnest
and the interest in the case grew as the
hours few by. 1t was twelve o'clock
when Mr.. Douglass closed for the plain
tiff, urging the wrongs of his client and
the necessity for checking loose police
practice in the city. He was vehement
officer and excoriatcd such conduct. He
declared that it was a case of the peo-
pie of Raleigh against the entertainments
of the police and said that he had heard
hundreds of men denounce the arrest of
the young man Carter, Mr.. Holding here
said that he had heard men speak also
of the necessity of checking the boys in
their conduct
1t was midnight when Justice Heflin
give his decision. He first warned the
boys present that no matter what was
his decision they must understand that
the police at the park had the same au
thority as those in the city to compel
order by lawful means. He next stated
that the gravity of the case and the ne
cessity for guarding the rights Of citi-
zens was so great that it was necessary
that the merits of the case be passed
on by jury. For this cause he gave
judgment that the defendant, Saunders,
be bound over to the next term of the
Superior court in a 500 justified bond
Immediately after this Mr. Holding