Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1914-05-29
CONDEMN OFFICERS WHO SHOOT
PERSONS CHARGED WITH
MISDEMEANoRS.
REVERSE DECISION IN SUIT
In Case Of j. A. Johnston Against For
mer Sheriff, Court ReVerses De-
cision and Orders Officer Pay
Dead Mans Family.
jackson.

to use their weapons, n the practlce
of reckless use of fire arms" by them,
we're severely condemned by the Mis-
sissippi supreme court, when 1t hand.
ed down a decision that relatives OF a
person who has committed a misde-
meanor, and is killed by an officer
making the arrest, even If he resisted,
can be held liable for damage ON his
official bond.
The supreme court reversed and re-
manded the last of John A. Johnston
ct 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
gave instructions for the defendant.
The supreme court holds that a 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
to arrest for misdemeanors.
The decision was rendered by Judge
Reed, Judges Smith and Cook concur
ring.
The case excited a 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 a 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
and he died. Relatives sued for the
full penalty of the sheriff's bond, SUI
ing his sureties.
Want Code kilograms.
At the opening Of the Kinds county
chancery court session the antitrust
proceedings flied by Attorney-G 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.
Il 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 are
In readiness to submit, but attorneys
for the telegraph companies are put
ting up a bitter fight, claiming immun-
ity from thus making public messages
sent by their patrons.
It is also stated that the messages
were written in code form, and, even
II surrendered to the court, 1t will then
be 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 encouragement, in his petition
asking that the subpoenas duces tecum
be discissed, alleges that these tele-
grams, when exhibited, will show that
the oil mills had formed a conspiracy
to regulate prices for cotton seed; that
the committee appointed for this pur-
pose sent kilograms each day to oil
mills advising them Of the quotations
they would be expected to offer.