Audubon Republican., 1904-10-27
A NEW DOCTRINE
IS ESTABLISHED
Supreme Court Announces it
in a Murder
Case.
OFFICERS RIGHTS LI.ilTeD
They Must Not Shoot Misdemeanant
Escaping gArrest-This Unusua! Rul-
ing is New in Iowa and Establishes
a New and Novel Precedent.

tnaC mlSueIueaHduI escape IMAM
that the power to arrest be asserted
to the extent of killing one whose Of
fense subjects him TO only a trifling
fine or confinement for a few days in
Jail"
So says the supreme court Of Iowa.
1t Is a new doctrine. FOR the first
time in the history of the state the
highest judicial tribunal has passed
on the question of whether an officer
may exert force to the extent of taking
human life in effecting an arrest for
misdemeanor or in preventing en- es-
ceIe or rescue from such arrest. And
the verdict of the court is against
taking human life for so trivial
carse.
The Iowa court says:
1T is well approved maxim that
the law has tender regard for human
life, and as a general rule a person
assaulted without provocation can not
carry his right of self defense to the
extent of using a deadly weapon upon
his assailant save where the circum-
stances are such that to his appre-
hension as a reasonable man, such
extreme measures are necessary to
save himself from aeath or very
great bodily harm.
''In our judgment something of the
same solicitous care for human life
should be required ofNhe officer max
ing an arrest, and that it Is better
that misdemeanant escape than that
the power of arrest be asserted to the
extent of killing one whose offense
subjects him to only trifing fine or
confinement for fey days in Jail
This does not REQUIRE the officer to
retreat before display Of violence or
deprive him of the common right of
self defense. but simply denies him
the right to use deadly weapon or
take human life in enforcing an arrest
for misdemeanor even though with
out such force the wrong doer may es-
cape
THE arguments based on the para
mount necessity of unfolding the law
and promptly suppressing all ten
dencies to violence and disorder ar
not without weight and plausibility
but the disadvantages likely to arise
from denying to peace officers the
right to take life in making an arrest
for misdemeanor are not more appar
ent than is the danger to be appre-
hended from clothing everv officer
with a power of such extreme and
despotic character.
"Nor does this permit the man who
is strong enough to successfully re-
sist arrest or to effect an escape
therefrom to go scott free, and thus
set a premium on lawlessness. Such
resistance can, at best. have but tenn
porary success. The entire rover Of
the city and county is at the officers
command, if such assistance be neces-
sary. And case can hardly be i'm
agined where the wrongdoer may not
readily be brought into custody with
out bloodshed, and be made to answer
not only for the original misdeme nor,
but for his unlawful resistance of ar.
rest as WE'LL"
Therefore, in view of this new doc.
trine, Thomas Smith of Monroe coun-
ty must edo time" for manslaughter.
He killed Kid Sarver when Sarver at.
tempted to effect the rescue of s. D.
Sarver from the officers custody.
Smith. who was peace officer, having
arrested S. D. Sarver on a charge
of being drunk and disorderly. His
defense was the right of a peace Of
ficer to enforce arrest and to defend
against attempt at rescue and escape.
and self-defense. Under the new rule
of the supreme court he had not the
right to shoot in defense of these for
merly recognized rights, and his con.
viction of manslaughter stands.
Howorth Bros. of Woodbine have
made an assignment of their business
to H. M. Bostwick, cashier of the
First National bank. They have been
In the general merchandise business
about three years. w. d. HoWorth
| has been in business in Woodbine for
many years having been in the grocery
| business until the last three years
| The close times have made many &C.
| counts uncollectable, and the assign.
ment followed.
Charley Leonard, a lad of some IL
| years, living west of Lewis, was the
victim of a singular accident. He was
sitting in a swing while a companion
in the tree above was chopping away
| some vines. The hatchet few off tho
handle and in falling struck young
/ eonard on the forehead. cutting an
ugly cash entirely through the skull,
| exposing the brain. The gritty young.
ster was at school at the time and
walked over mile toward home
where be was taken up by a passing
team. The wound was dressed and
the bow Is doing as well as could be
expected, with good chance of re.
! covery.
Frequent visits are paid by the Paris
| police to the places where liquors are
sold, that the beverages may be chem
| ically examined. Specimens are sent
to laboratory, and if they are found
to be adulterated, the stock is seized
and used to drench the sewers.
81 must have a new gown and coat
at once" Great thunderation
woman, how can you ask for a gown
and coat when you have to testify in
my bankruptcy hearing next week?'
II simply have to have them. Do you
think I can face the people in the
courtroom when | am wearing my old
esY-Indianapo Sun.
The dissection Of human bodies by
medical students has been practicefl
since B. G. 800.
Edith-mt is true Dolly, that Lar.
kin kissed you before he picked YOU
up in that runaway" Dolly-"Yes,
dear; you know he is studying to be
doctor, and that was first aid to the
injured. d."-Chicago Record-Herald
"Well," said the commander of the
Japanese force, 81 can see your fin.
sh." "Wrong!" gleefully cried the
| IT,, ,DIa mipdad Rucoiap rpmroo dor.