The Washington herald., 1919-04-23
ACCUSES
POLICE OFFICER
lies Petition with Commis-
sioners for Removal on
Assault Charge,

]. p. Mullen, z. p. s. Newman and
p. J. Ryan, attorneys for Mrs. Augusta
Ruby Nicholson. last night filed beS
fore the commissioners. of the Dis
trict Of Columbia q plea for the dis
missal from the service and trial be-
fore the police board Of Private Otis
W. Melvin. who. 1t Is charged, en-
tered the home OF Mrs. Nicholson on
the night Of March "a. last. and as
sauited her. beating her In such man
ner as to bring on disabilities from
which she might not fully recover.
The question brings up the right Of
the police to enter q house without
warrant and abuse person or prop
erty.
The communication Of the attorneys
reviews the case fully and presents
again the request of former prescnta-
ton made to the Major OF Police.
but on which. 1t Is charged. no action
could be obtained 1t says In part:
Charges In Petition
I'VE beg to call to your attention
that on midnight Of March "A 1913,
department of the District of Colum-
bla. committed a brutal and unpro-
yoked assault and battery upon the
person of Mrs Augusta Ruby Nichol-
son; that Mrs Nicholson preferred
charges against the said Otis w. Mel
win of conduct unbecoming an officer
and a gentleman to the major and
superintendent of the Metropolitan
police force OF the District Of Colun-
bia: that the major and superintend-
ent of police refused to bring the said
Melvin to trial until a warrant was
, first issued for his arrest and trial in
! the criminal courts of the District Of
Columbia
It here quotes the former letter and
continues:
'1on March a. 1919. at midnight. the
private apartment OF Mrs. Ruby Mich
) olson, at S07 Eleventh street north
, west. was visited by Private Otis W.
Melvin Melvin raped loudly at the
: door OF Mrs. Nicholson's apartment
and demanded that he be allowed to
enter. Mrs Nicholson. who was about
to retire, asked who was at the door.
and the voice from the outside an
swered. saying that il was Officer
> Melvin and that he wanted to see
= Mrs. NichOlson's sister. Marie. .
Refused Admittanee.
''She did not open the door right
away as she was partly disrobed
and was preparing to go to bed. but
after dressing herself she did open
the door and again reiterated that
he. Melvin. had no right to come to
her apartment at that hour of the
night.
'Whereupon he struck her in the
breast. knocking her against the in
side door OF her apartment with such
force that it broke away from its
hfnprass Ia
assault by striking her in the stomach.
BY that time a man. in citizens
clothes. whom Mrs. Nicholson saw for
the first time, demonstrated with Mel
vim
The man in citizens clothes. who
is still unknown to Mrs. Nicholson,
and who accompanied Melvin on
that night. protested against the con-
duct of Melvin and finally they both
withdrew. leaving Mrs. Nicholson in
a highly nervous state. suffering
physically from bruises and lacera-
tions of the stomach.
After the assault she was accom-
panied to the Office of a ply
sician who administered first aid.
He told her that she was in a seri-
Gus condition. that the bruise upon
her breast was dangerous and that
she would perhaps have to undergo
an operation. Our client is living
in an apartment with her two sis
ters. young lady who is employed
under the government as a war
worker. and a small boy
Mrs. Nicholson's husband is serv-
ing his country in the military arm
of the government in France, and
she was without his protection on
that occasion.
That by reason of the unjusti-
liable, unwarranted and brutal as,
sault of the said Private Otis VI
Melvin we have advised Mrs. Mich
olson that she is entitled to have
Private Otis w. Melvin tried for
conduct unbeComing an officer and
a gentleman. and this the major
end superintendent of police has
refused.
That since Mrs. Nicholson ap-
piled for warrant and fled charges
against Private Otis W. Melvin, her
house has been the object of es-
pionage by the police officers. Miss
Nicholson, who is a nurse, upon en-
tering the hallway of her home at
night has been surprised by tho
presence of police officers in the
hallway. Such conduct cannot in
spire confidence in the police force
81 the District of Columbia. The
rights of citizens to be secured in
their homes from unreasonable
Searches and seizures should and
must be protected"