The Providence news. (Providence [R.I.]) 1891-1906, 1906-02-13

with, stove inside had been broken, and
the piazza and steps scorched by FIRE. He
was also seen and known 10 have been
IN the house and unter those circum-
stances the natural conclusion would be
mat he was committing a crime subject
Ing him TO arrest.
Now. I'm making an arrest whether Il
is done by an officer or a private citizen.
the law tustihes them in using all the
force necessary 10 overcome any resist
ance by the criminal or II the criminal
attempts TO use violence in resisting the
arrest, the officer or citizen must defend
himself and is consequently justified in
doing all that is necessary in defence OF
himself, and IL in so defending himself
ne takes the life OF the criminal the law
VIII Justify his act as being in pursuance
or public justice But there is another
phase 10 the question as where insteae
or resisting arrNe. n criminal tries 10
make his escape. and the law recognizes
a difference, as for instance, IL n party
were merely committing a misdemeanor
no one would have the right. nor would
they be justified In taking human life.
even though they were an officer On
the other hand, IL the offence amounted
to felony and person was striving 20
make lawful arrest. an OFFICER or citi-
zen might go TO extreme measures such
as taking life. II IL were necessary I'm or
der TO effect the arrest
Now, what Is the position I'm this in
stance? Mills was with the others. at-
tempting 10 make a lawful arrest He had
found man committing a felony and dis
covered in the act; when the man made
his appearance Mills endeavored TO stop
and capture him but the. man fed I'm an
attempt 10 escape. Mills pursued and FREQ
four shots In the air in the effort 20
frighten the fleeing man and cause him
10 stop
Mills then observed according 20 the
testimony, what he believed 10 be an
attempt on the part OF Shaw TO take his
(Mills) life. He then fired the 9th shot
as the law justified him In doing in de-
Tending himself. He fred at Shaw's legs
but man running and excited. as doubt
less Mills was. would naturally be defec-
tive in his aim. and IL was shown later
10 have been deciGed so 1t was not be-
lieved at first that the man had been shot.
as he said that he had not been. and he
told several persons so. The fact was
not known until examined by a physi-
clan.
Therefore. in the light OF all the evi-
dence presented, after hearing and re-
viewing the same. and after an examina-
ton OF the law bearing upon the case.
find and certify that said Stephen Shaw
on the 18th day OF January. 1906, at the
ENiuut i-ldHu Hospltdl III sdlu providence,
came 10 his death as a result Of a bulle.
wound OF the spinal chord the same be-
ing confirmed by the autopsy made by
Jay Perkins. NJ, D.. and nled herewith:
and ! further certify and report that
upon the testimony OF the witnesses fled
herewith that said bullet wound OF the
spinal chord was received while fleeing
from arrest for a felony: that the bull
let was fired from revolver in the hands
OF one Edgar F. Mills while pursuing said
stephen Shaw for the purpose OF cap
ture and arrest and while deeming his
own life in danger; that the shooting was
the act Of the said Edgar F. Mills. yet.
under the circumstances. he was justi-
fed in so doing"