Every evening, Wilmington daily commercial., 1918-09-26
Shooting by Law Officers.

This week was attended by another
shooting-this time, fortunately, un-
attended by fatality--an officer in pur-
suit of fleeing vioator of the law. IL
should serve, however, To call attention
10 the very important matter of the right
| of \ constable, policeman, or other officer
o( the law, to Use his pistol in endcavors
to capture an offender who fees from the
clutches of the law,
Primarily, the law allows a policeman
or other peace official to carry deadly
weapons for his protection, not for the
purpose of shooting down fleeing crmi-
nails. When law officer in pursuit OF n
lawiess fugitive. discharges his pistol Mt
the fleeing culprit, hc does not know where
his bullet may go II may find Judgement
in the body of an innocent byRtandcr or
passerby, with fatal results. Then great
harm is done. In such instances, the
offending law officer is put through the
form of n trial and generally acquitted
because he had no intention of dong
wrong And also, when he strikes and
kills the fugitive whom he is pursuing. the
final verdict is the same lie did not shoot
10 kill the fugitive, but merely for the
purpose of soaring him into submission.
But the unfortunate result is the same
Ii is time for officers Of the law to realize
that they have no right to shoot either on
presumption, or presumed provocation.
When desperate offenders resist them and
threaten their lives, they have n right to
shoot, and TO shoot To kill But they have
no right To shoot rccklcsslv after q fleeing
miscreant. either for the purpose of hit
ting him or frightening HIM into stoppage
and surrender They cannot toll where
their bullets thus sent forth on deadly
mission, regardless OF results NAV lodge
BETTER that any ordinary vioator of the
law, fleeing from justice, should escape,
than an attempt hv nm officer TO enforce
capture hv shots from a revolver should
result in the sacrifice Of an innocent life
No man who shoots n pistol rccklcssly,
even in pursuit Of fugitive. can tell where
his bullet will land There was a lament1-
bic occurrence. in this city, many wears
ago. where policeman, pursuing q
notorious lawhrcakrr fired soaring
shot NJ him, without intention that u
should hit hlm lie was on one side Of the
street the fugitive on the other Vet the
bullet purpoSclv fired wildly At the
fugitive, struck the wall Of a house on the
opposite side of the street along which the
fugitive was running. took 2 most stir-
prising DETECTION back to the side Of the
street from which tho policeman tirrd and
there struck and killed a girl who had
approached the vicinity, unconscious of
hanger
In the subsequent trial of tic police |
man who thus made such an unfortunate
shot the court, in it's charge to the trial |
Ilry, fully considered the subject and set
'orth the circumstances under which |
policemen and other officers of tho law |
were justified in resorting to the usc ot |
pistols in the pursuit ol criminals II
would be we'll for officers Of the Law of the |
present day 10 get possession of the official |
record Of that interesting proceeding and |
rad the charge Of the court Too many |
If thcm believe they have . right to draw |
, pistol and shoot at any offender even |
hough he has committed no felony, who |
iees from capture This IS not the case +
The officer may shoot only TO protect /
nnscf lie IS not bound to risk his hfc, !
le may shoot when his opponent threatens
D do hum grave bodily INJURY But he has +
70 night to use his pistol to stop fleeing !
't1endor. especially on the streets Of
rowded community, when there Is no
Cling what damage his shot may do "a |
innocent persons Nor has he anv night to /
hoot merely to frehtcn fugitive INTO /
toppagc and surrender.