Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1914-07-17
ACTION FOR DAMAGES
FALLS CITY LOGGER DEMANDS
$4,000 FROM MARSHAL.
Peace Officer Lands On Offender With
Policeman Billy" When
Arrest is Resisted

On last Saturday, C. w. Curtis, ;
logger living in Falls City, through
his attorney, Oscar Hayter, filed al
action for damages against w. P
Lewis, marshal of Falls City. Curtis
alleges in his complaint that con the
9TH day of July, 1914, the defendant
then and there being armed with {
dangerous weapon, to-wit, loaded
club known as chilly" did wrong.
fully, unlawfully and maliciously as
sault and wound the said plaintiff
with the said weapon by then and
there wilfully, unlawfully, malicious
ly, and violently striking. beating and
wounding said plaintiff on his head
and on his left hand with the said
weapon; that on account of said strik-
ing and beating, plaintiff received
great bodily injury" and then the
complaint goes on to demand the mod
est sum of 81 900 as general damages
and the further sum of $1,000 as ex-
emplary damages; that is, damages to
be awarded as punishment to Lewis
for his alleged malicious acts.
On Tuesday afternoon, Lewis,
through his attorney, Walter L.
Tooze, Jr, filed an answer which
gives the defendant s version of the
matter. The allegations of the com
plant are denied and two separate
defenses are alleged. From the ans
wer of Lewis, it appears that Lewis
is the legally elected, qualified and
acting "conservator" of the public
peace of Falls City, better described
as "Falls City's cop" 1t appears
that on July 7. the day in question,
that Curtis had been partaking quite
freely of the different brands of fire
water" that are dispensed to the
thirsty folk in Falls City, and as a
result had become "grossly drunk -
the answer does not say 'gloriously
drunk, but perchance it all means the
same thing. While under the infu-
ence of "John Barleycorn," so the
answer alleges, Curtis proceeded to
take possession Of the town, and to
defy the authority of the marshal.
Profane language flowed from his lips
with rapidity equal even to that of
the waters in the beautiful Luckiamute
as it wends its way over the falls
just above the city, and in general
conducted himself in such manner
that Lewis, in his official capacity as
marshal, was forced to place him un
der arrest.
Curtis is man of large proper
tions and as the marshal is small
man, and makes no claim to being
"white hope" he deemed wisdom the
better part of valor and called to his
aid one George Brown and one d. l..
Wood, Jr., who helped him make the
arrest and land the offender of the
quiet and peace of Falls City in the
bastile On the way to-
Jail, it appears that the prisoner got
"balky" and jerking loose from
Brown proceeded to deliver few up
per-cuts that would make Jack John
son turn green with envy. One of
these well-directed blows landed on
the face of Brown, and might have
put him out of business had he not
partially guarded his handsome coun-
tenance. In the heat of the conflict,
and in order to create a subduing
effect upon his would-be troublesome
prisoner, the marshal, with due
proceeded to land few
blows with his "billy' upon the
head of the man who had stated that
cit would take half the town to ar
rest him." Lewis further alleges in
his answer that he used no more
force than was necessary. and judg
ing from the reports of the affair it
seems that force of no uncertain |
quantity was necessary. Lewis also
sets forth that he was forced to use
MS chilly" in self-defense.
Curtis was not cut, though his head |
felt the worse as a result of the en-
1t is reported that the city
council of Falls City, from the mayor
lown, is standing Loyalty behind Lew
S in this matter. The aldermen ex-
press themselves to the effect that
lewis is the best police officer they
lave ever had. The case filed in the
Circuit court has created much in
crest in Falls City. 1t will probably
10 triad of the AuouSt form