Willmar tribune., 1905-02-01
WEDNESDAY. FEBRUARY |, 1905
TECHNICALLY vs.. JUSTICE.

TECHNlCALlTY vs.. JUSTICE.
\ deep student of human nature
once said that language was invented
to enable men to conceal their
thoughts. A person is sometimes
tempted to balieve that laws are often
used to enable men to pervert justice.
The recent case of Ben Waterman
against the police officers Of the citi.
zens OF Willmar is certainly . glar-
ing example Of the perversion OF sim.
pie and plain justice by reason Of a
tschnicality in the law.
To any citizen who has known the
reputation Of Ben Waterman during
the last twelve or fifteen years, the
suggestion that he could recover dam
ages from the city or the city's' peace
officers for injury to reputation and
illegal arrest must seem about as re.
diculous rs anything that was ever
presented in comic opera.
Ben Waterman, who Is he? To be
sure he is a human being and as such
is entitled to the protection OF the law
in all his just dealings, If he ever was
party to any dealings that were just?
He is entitled to the protection OF the
lsw in his honest occupation, it he
ever had an occupation that was
honest.
But almost everyone in the county
krows. and it appeared in evidence,
that during his fifteen years residence
in Willmar he has never done an
honest days work. he has been
arrested for crimes and misdemeanors
about thirty times and people gener.
ally have come to look upon the
county Jail as his only legal resi-
dsnce.
The most charitable construction
that can be put upon his character Is
that he is monomaniac on the sub
ject of selling liquor illegally and ss
such should be properly cared for.
IN September last the was dis.
charged from his old home, the county
jail, and immediately, during the last
days of the street fair, entered upon
his old vocation of blind pigging.
On the afternoon of the 18th evidence
was secured that he was again violat-
ing the law. But the peace officers,
being desirous of making assurance
doubly sure, made arrangements to
secure additional proof. They were
adviced by the cUunty attorney and
city attorney that it would be alright
to arrest him in the evening without q
warrant If they caught him violating
the law. At II o'clock they entered his
den and found a man with him there
to whom he had just sold glass o.
whiskey. The buyer had the glass in
his hand and had laid the money on
Lo - ~
facts on the stand. Mr.. Wa'erman
was told that he was under arrest and
asked to come along. He resisted
arrest and some muscular force had
to be exerted by the f1cers to bring
him to the Lookup. Handouts were
placed upon his wrists that he might
be led to his destination more easily.
This was Saturday night. On Sun
day morning, the officers, out OF con-
sideration for his welfare, took him
from the city lookup to his old home,
the county jail, where the accomoda-
tions were better. On Monday morn
ing he was arranged in the municipal
court and convicted upon the evidence
secured Saturday afternoon.
A few weeks later Peter Bonde, chief
of police, and Geo. H. Stephens,
night patrolman, were served with
summons and complaint in which they
were Joined as defendants. Ben
Waterman was the plaintiff and he
very modestly asked the sum of Is, 600
for Injury to his good name and rep
utati on and for the great agony OF
mind and body that he had suffered
by reason OF this arrest. A roar OF
laughter went up from the citizens OF
Willmar. Every one looked upon 1t
% q huge joke. The city fathers 20
regarded it and took no notice of the
suit until q day or two before the trial,
when by unanimous rising vote they
heartily sustained the action Of the
officers.
But in the trial it appeared that by
reason of . peculiar technicslity in
the law governing arrests without