Daily capital journal. (Salem, Oregon) 1903-1919, 1911-02-08
GEO, MEYERS is
FOUND GUILTY OF
MANSLAUGHTER
HIS ARREST BEING UNLAWFUL
WAS THE FACT UPON WHICH
THE DEGREE OF CRIME WAS
FIXED BY THE JURY.

nuns oNOl luC GNlubnCt lulIOuuCtu
and the instructions submitted with
relation to it by Judge Kelly in the
case of the state of Oregon against
George Meyers, charged with the mur-
der of Night Patrolman Thomas Eek
hart, the jury last night returned a
verdict of manslaughter against the
defendant, and sentence will be i'm
posed upon him by the court some
day during the latter part of the week
probably Saturday.
The crime of which George Meyers
was convicted was committed in the
city year ago last October At that
time he was arrested at the request
of his brother, "Moley" Meyers, by
Night Patrolman Eckhart. The two
brothers occupied rooms upstairs in
the Zinn building and some time after
midnight Moley came in, he found
George asleep in chair and his feet
were resting on some pillows which
'Moley' testified he priced very high
ly. He demonstrated with him-a few
hot words seem to have been ex-
changed-and "Moley" went oIt on
the street and told Night Patrolman
Eckhart that he desired him to take
his brother out of the room. Eckhart
went to the room and without a war
rant took Meyers into custody and to
the police station. On the way Mey-
ers asked to be advised as to the
charge against him and also asked to
be allowed to communicate with Chief
of Police Gibson so that he might give
bonds, but his requests were denied.
On leaving the room he had put on
slicker coat and in one of the pockets
was a revolver. When he reached
the door Of the station he declined to
go in and shot Eckhart twice-one of
the wounds proving fatal. He then
fled into the country but finally sur
rendered to the officers.
A year ago last January he was
tried and after long trial was con-
yicted of murder in the second de-
gree. An appeal was taken to the SUI
preme court and reversal was Sc
cured on the ground that some evi-
dence was improperly admitted. This
conviction barred conviction of
higher offense, and the most that the
state could hope for was murder in
the second degree, After the evidence
had been introduced yesterday, the
officers of the state in view of the
change of sentiment and in view of
the fact that certain evidence had
been ruled out by the decision of the
supreme court, admitted that the
most that they hoped for was man
slaughter.
When Arrests May Be Resisted.
The contention of Attorneys Rich
ardson' Kaiser and Darcy, who rep
resented Meyers, was that Eckhart's
arrest of him was unlawful and that
Meyers was justified, because of it, in
taking his life. Upon that subject
Judge Kelly in his instructions had
the following to say.
IF Eckhart was a policeman of the
city of Salem he was therefore a
peace officer and as such peace officer
had authority to make arrests with
out a warrant for violations of the
city ordinances, or the laws of the
state of Oregon, occurring in his pres
ence, or for any felony, although not
committed in his presence. If Eek
hart being a policeman, arrested the
defendant, it is presumed that Eek
hart's official duty as to such arrest
was regularly performed, but this is a
disputable presumption and may be
overcome by other evidence.
Peace officers must obey the law
describing the limits of their author
ity. They have no right to make ar
bitrary arrests not sanctioned by law.
and If a peace officer makes an I'M
lawful arrest without cause. his Of
hcial character as peace officer will
not protect him further than that If
an arrest is made by known officer
and nothing is to be reasonably an
pretended beyond a mere temporary
detention in Jail. resistance cannot
lawfully be carried to the extent of
taking life.
III the defendant was in a place
where he had right to be. and was
not disturbing the peace. or otherwise
the law, Eckhart would have
no right without a warrant. to arrest
him or to eject him from the place
An arrest under such circumstances
would be an unlawful arrest. An un-
lawful arrest made by even a peace .
ofticer without a warrant or other
authority OF law would amount at
east to an assault upon the person
arrested. which such person would