The commonwealth. (Greenwood, Miss.) 1896-1923, 1914-05-22
RECKLESS OFFICERS
RAPED By COURT.
CONDEMN OFFICERS WHO SHOOT
PERSONS cHAR0ED WITH
MlsDEMEANoRs.
REVERSE DECISION IN SUIT
In Case Of J. A. Johnston Against For
mer Sheriff, Court Reserses De.
cision and Orders OFFICER Pay
Dead Mans Family.

mer Sheriff, Court Reaerses De.
eision and Orders OFFICER Pay
Dead Mans Family.
Jackson.
Officers Of the law who are too quick
10 use their weapons, and the practice
AZ reckless use OF fire arms" by them
we're severely condemned by the Mis-
,issippi supreme court, when It hand
I'd down decision that relatives OF
person who has committed misde
meanor. and Is killed by an officer
making the arrest, even II he resisted
can be held liable for damage on his
official bond
The supreme court reversed and re
nanded the case Of John A. Johnston
It al. VS.. w. w. Cunningham. former
sheriff Of Union county, who was sued
for killing Frank Johnston in 1910
and in which the circuit court Of Union
rave instructions for. the defendant
The supreme court holds that q per
emptory instruction for the plaintiffs
should have been given, and discusses
interestingly and at some length what
IT terms the evil practice Of officers
shooting at persons whom they wish
70 arrest for misdemeanors.
The decision was rendered by Judge
Reed, Judges Smith and Cook concur
ring.
The case excited great deal Of In
terest In Prentiss county. On Sunday.
September Is, 1910, Frank Johnston, a
hunchback, aged 20 years, was killed
BY Sheriff Cunningham. A number Of
youths engaged In a fight during an
"all day singing at country church
meeting, and the sheriff and two dep
uties tried to quiet the disturbance
The boys ran from the officers, and
the sheriff called to them to halt. This
Johnston refused to do, and the sheriff
fired In his direction, later claiming
he only mean to intimidate the boy.
But the bullet hit the lad in the head
X and he died. Relatives sued for the
full penalty Of the sheriff's bond, su
Ing his sureties. &s
Want Code TeIeorams.
At the opening OF the Kinds county
chancery court session the antitrust
proceedings filed by Attorney General
Ross Collins against the American
Cotton OIL company ct al. involving
practically all OF the oil mills in the
state, was called for hearing.
The first phase Of the case to be
taken up was the motion filed by at
torneys Of the Postal and Western
Union telegraph companies for dis
missal Of the chancellor's order issu'
Ing subpoenas duces tecum to secure
possession Of kilograms alleged to have
been sent by oil mill managers fixing
the price Of cotton seed.
These subpoenas were Issued to the
managers Of all telegraph offices IN
the state at which oil mills are located,
II was learned that the kilograms sent
BY the oil mills are located. 1t was
learned that the kilograms sent by the
oil mills have been collected, and ore
IN readiness to submit, but attorneys
for the telegraph companies are put
ting up bitter fight, claiming immun'
ity from thus making public messages
sent BY their patrons.
It Il also stated that the messages
were written in code form. and. even
II surrendered to the court, It will then
No necessary for the encouragement
to secure possession Of the code trans
lation. which, Of course, is not IN pos
session Of the telegraph companies:
The attorney.general. IN his petition
asking that the subpoenas duces tecum
be disclosed, alleges that these tele
grams, when exhibited, will show that
the oil mills had formed . conspiracy
to regulate prices for cotton seed; that
the committee appointed for this pur
pose sent kilograms each day to Of
mills advising them Of the quotations
they would Be expected to offer.
After Blind Tigers.
Uncle Sam is evidently Of the opin
Ion that the blind tigers in Mississippi
are not giving him his full share O
their profits.
A special corps Of deputies from tn
internal revenue collectors office \
now making tour Of the stage. inves
tigating shipments recorded N locs
express offices, and where u Is found
that individuals are receiving Mor'
liquor than ordinarily required fof y
mans consumption, explanations Or
demanded.
In several communities the revenue
men have compelled individuals to TAX
out internal revenue licenses, AM
these documents, under the prohibi
tion laws Of Mississippi, are prim'
facie evidence Of intent to retail
Fourteen Lears Long Enough.
Fourteen years IL long enough 70
any man to stay IN the mississippi psr
itentiary, especially whom the Grim
merely consisted II killing his pars
tnour. according 10 Allan Cloyd, sen
up from Warrington county a ~
70 anpvn llfA nasxtnmha sfassS ate5S33 S33t zSA3