Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-11-03
MAY RESIST POLICEMAN
WITHOUT A WARRANT
Judge Richardson So InstruCtS Jury
in Case OF Patrolman
Sowcll.
ACCUSED MAN is ACQUITTED
Policeman Had No Right to Break
Into Wray's Dwelling Unless lie
Had Ground to Believe Man Had
Committed u Felony.

After receiving specific instructions
from the court that unl"ss the ponce
officer had - warrant III his possession
for the arrest cf the man AT the TIME ne
broke open the door of his residence
or had reasonable grounds 10 believe
that the man had committed felony.
lie was a ;resrasser. and the prisoner
had a right under the law TO resist any
attack made upon, the jury IN the
Hustings Court yesterday afternoon
acquitted james Wgay, colored'
charged with attempting to kill Patrol
man Il. Il. Sowcll. Jr., OF the second
District.
Jurymen reached their verdict with
out leaving their seats in The jury box.
several police officers We're IN the
courtroom at The time, and Judge d. I.
Richardson. after hearing the verdict
read, turned 20 them and said Ne
hoped that the case would serve rs a
warning 10 them ana brother officers
of tho department.. In recent months
several complaints have been nied
against officers for assuming author
i,y they did rot possess when not torti-
fed with proper warrants
KICKED IN Panel. OF DOOR
TO FORCE AN ENTRANCE
According 10 the testimony intro
duced Patrol!nau Sowe.l, who was in
citizens clothes al the time of the
trouble, broke open the door 10 WFaE $
home. lie kicked III panel OF tho
door and forced the catch with his
shoulder. The officer said that he had
an attachment for the negro under
another name, from the Police Court.
The negro resides in what Is COM
monty known as 'Pcnitcntiary Bottom.'
and has n police record. some years
ago he served time in the pcniten-
;iary. it was said but since his release
has gone ''straiGh t," becoming a mem
her of a church. and leading an hon
orable life. He was suspected, IL ~
understood. Of selling LIQUOR. and the
officer was making an investiration
Sowcll forced his way into the
negroes home late one night several
weeks aso. with drawn rcvolvers.
Wray is said TO have thrown Il Clas.
OF beer al him, and then TO have en-
gagged the officer i" struggle Dur
ing this tuSsle one of the officers re-
volvcrs was wren he'd from his grasp
ana fired the bullet striking the negro
and causing n slight injury. The of
nccr was then able TO effect the mans
arrest;
In search OF the home. a small guam
tity OF beer was found by the polio" Of
!iccr. anc Wray was also charged with
violating tn, state prohibition law.
Judge Richardson's instructions TO
tho iur! in the case were as follows:
,i.D RIGiIF 10 USE FORCE
~ RESISTING OFFICERS alta OK
The court .nstrucrs tho jury that IL
'h-y bel CO from the evidence that
the Witness. Sowell. broke into The
;"c Hing i oi-se OF the accused in the
...shtt!nc, and ;hAt he, the said Sowcll.
d!d not tEtl and there have a warrant
IN his possession for The accused, or
thrt ne. :ha said Sowell. did not then
have reasonable ground 20 believe tina,
The accused rad committed a felony.
then The said Sowell was tresIasser
upon the premises OF the accused. and
he. the accused. had right under the
law TO rcsiS' any attack made upon
him. or :, use sUch force rs may have
been necessary TO reNcl The said
Sowell. although they ,the luryD may
further bcliev" that the accused had