Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1902-12-18
Policeman McGrady Convicted.

When the trial of Policeman James
McGrady commenced last Thursday, no
more than ordinary interest was taken
in it, but before its finish circumstances
had arisen which made it extremely in
teresting, memorable and somewhat
spectacular.
: The charge against McGready was
manslaughter' for the killing of John
Bite, alias Edward Miller, a boilermak-
er employed at the car works, who orig
inally came from Cincinnati, where he
had been ward politician and Office
holder.
The evidence in the case showed that
McGrady had been called to the Angert
boarding house on the Island by mes
cage from Mrs. AngerJ to arrest Bite
who was drunk and had beaten Phil
Brady, another boader, in front of the
house, and a short time afterward re-
turned and renewed the quarrel in the
the house after Mrs. Angert had order
ed him to leave. 1t was while he was
fighting in the house that McGrady was
called from his own home which is
across the street from Angert's.
He found Bite in front of the house;
Mrs. Angert asked the Policeman to ar
rest him; McGrady asked her if she
would appear against Bite, she said
yes and he then made the arrest; Bite
walked few steps quietly with the Of
ticer, when the latter tried to put hand
cuffs on him; Bite then resisted and
asked why he had been arrested; he was
told for disorderliness: Bite said 'Tll
not stand for that; grappled with Nc
Grady, took away his mace, knocked
him down and started to run. He had
gone but few steps when McGrady
raised partly from the ground, called to
Bite to stop and then fired. The
bullet struck him in the left side and
passed into the lower part of the plural
cavity, severving an artery and Bite
died in the Butler Hospital the next
day.
The witnesses for the Commonwealth
were mostly companions and fellow
boarders with Bite, one of whom testi-
| fed that he was opposed to law and
order"
The unexpected part of the trial came
when District Attorney Henninger
| raised the point that McGradys arrest
of Bite was not legal one because the
| officer had no warrant, which alone
| would have justified him in arresting a
man whom he did not see committing
| any offence, and did know had commit
| ted one, and that Bite had a right to
use what eyer force was necessary to
| regain his liberty from the officer, and
McGrady had no more right tc arrest or
| shoot Bite than any private citizen
| had. Judge Harry d. Wilson of Clarion,
| who presided at the trial, sustained the
District Attorney ruling that an officer
1 without warrant can arrest only when
he sees or knows violation of an ordi-
nance or misd1meanor committed by
| the prisoner or has suspicion that a
felony has been committed He then
| instructed the jury according to the
facts, adhering closely TO the law, and
McGrady's conviction followed Friday
afternoon This was surprise to the
public. A motion for new trial was
at once made by Attorneys McQuistion,
Forquer, Painter and Murrin, Nc
Gradys counsel One of the points
raised was that since the trial com
menced it was learned that one jury
man had remarked that he would stay
out till he rotted rather than see Nc
Grady acquitted. The motion was
argued Friday evening. A crowd filling
the court room to the walls during tn,
session. The argument was continued
until Saturday afternoon when Judge
Wilson refused new trial. called Nc
Grady to the Bar, and after remarkinl
ON the seriousness of the offence and tn,
officers evident innocence of wrong in
tent and supposition that he was acting
according to his duty, fined him $50
and sent him to Jail for two and one
half years.
| McGrady is now in Jail Genera
effort will nndonhted1v he made, :,
secure his pardon. He has a wife anc
family of little children living ON Yves
street