Evening journal., 1913-11-11

Officer DaVidsons courage at that
time overcome his good Judgment.
that he might have been killed and
Virgins made his escape. This com
mission surely cannot require an of.
ficer so foolishly TO take risks which
may result in his death, and be fol-
lowed by the escape of the criminal
whose capture is desired. We think
that Officer Davidson did precisely
what was required by Rule i24, and
that the facts show that the rule was
then applicable. Captain Evans ar
rived on the scene within a few mo-
ments and at page $50. officer Da-
wilson states that he said to Captain
Evans, Lets go up and get him." He
says. wait, | have sent for some Of
ficers. Wait until somebody comes.
No use of anybody getting killed
with this fellow Physical bravery
on the part OF every man on the
police force is demanded and requir-
ed whenever the occasion demands
and an exhibition of cowardice when
the occasion does so demand, would,
Of course, be punished in the severest
manner possible, but in this instance
we think discretion was the better
/ part of valor
Was the cowardice or incompe-
tence on the part Of the police force
after the arrival OF Captain Evans
Rule 21 is as follows.
In case of a riot or other sudden
emergency requiring the service Of
the police the Captain shall forthwith
4 proceed 10 the scene OF the riot, OF
other sudden emergency, with such
force as he may deem necessary, so
as 70 perform such police duty as the
nature Of the emergency may de-
mand'
Captain Evans obeyed this rule.
Did he perform such police duty as
: the nature of the emergency de-
manded?
The testimony discioses that Captain
Evans arrived on the scene within a
very few minutes after Virgins had
I been recognized by Officer Davidson, but
before his arrival Officer Scott and a
citizen had been shot by Virgins. show
4 ing clearly, it any auaitional proof
thereof had been needed, that Virgins
was indeed a most dangerous criminal,
and that he could not be- permitted to
remain in the place he was without dan
ger TO persons ON Fourth street. There
were two alternatives open to Captain
Evans. One was to break into Virgins
room and meet a deadly fire from his
two revolyers; the other alternative was
to do very much as Captain Evans did
do. IL is most unfortunate that such
use of firearms was necessary, and we
do here say that the promiscuous use of
firearms by police officers is not to be
approved, but the method OF making ar
rests so long as the officers keep within
the law cannot be severely condemned
by the commission unless the discretion
of the officers is abused. II is impos-
sible TO formulate rules governing the
officers under all circumstances and
thereby eliminating their discretion.
Much was said in the testimony pertain
ing to the time Of the arrival Of Chief
Black and Of his actions thereafter In
view of our conclusions as TO the actions
of Captain Evans while in charge, we
find it unnecessary to try TO determine
from the conflicting evidence what were
Chief Blacks orders on his arrival In
reaching the above conclusions we desire
il understood that unless .le occasion
clearly demands the use of firearms they
must not be used. and any improper use
if called to our attention will be visited
with our censure. We regret that the
use of firearms by the police in this in
stance was so apparently necessary, and
we trust that similar circumstances will
not again arise. lne error in Judgment
on the part Of the police and its officers
was not so much after Wiggins was rec
ognized by Officer Davidson as by the
failure to exhibit to the occupants Of
the Baxter house a picture Of Virgins
when they first called there after re-
ceivinp the information given hv Taylor
in Philadelphia. But as we above
stated, this appears TO have been merely
nn oversight or error of Judgment. and
as a result should not be too severely
censured by this commission.
For the above reasons we are of the
opinion that there was no cowardice or
incomreten~e on the part Of the force
or any officer thereof after Officer
~ - cns~ 81 tsc 8~v+er building on
the night Of September 2s last.
Gen. wicxersham Reviews Case.
General wickersham's report in full
follows:
"Nfr. President; have, with the
greatest care. examined all Of the testi-
mony, consisting of COS pages, given be-
fore the commission in relation TO the
attempt 10 arrest Homer G. Virgins.
"When this testimony was being
given / observed carefully. the manner Of
Ian witnesses, and with that in mind
land with this testimony before me to
refresh my recollection, feel able to
reach a conclusion. II is true that the
evidence in many particulars is conflict
ling, and on several points / am doubtful
whether witnesses We're honestly mis-.
taken, or whether they were deliberately
telling what they knew TO be untrue
lhe newspapers of the city. and indeed
of the State. as well as the public gen.
lerally, have manifested considerable in
terest in this investigation. and in my
lopinion properly so. 1dis department OF
the city is an exceedingly important one
lOm citizens are dependent upon US ano
the men under us for police protection
that is, TO preserve peace in the com.
munity and to protect them from the
llawless element that Is always more
or less with us. I think, therefore, a
public hearing of this whole matter was
proper and right; and ] further believe
that the commissioners whose duty il j:
TO pass upon the subject matter Of ths
investigation. and who are in a better
position 10 dosthat because OF the stem
ographic reports which have been tur
lnished them should make to the public
la statement of their finding from this
evidence and what they propose TO d'
TO remedy any mistakes or evils found.
1T appears from the evidence thai
Virgins was Wilmington boy; that h
J had served something less than thre'
wears in the New Castle County Work
! house, and shortly after his discharg'
! from that institution he went to Phila
} dclphia. killed a police officer, and wa