Evening star., 1922-06-04
ARREST BY POLICE
SCORED BY COURT
DisorderIy Conduct Charge
Against Canadian Is
Dismissed.

cent graduate of the Bliss Electrical
| School, Judge Mattingly in the Police
Court yesterday afternoon held that
Policemen Ernest C. Spalding and
Ray Bremmerman proceeded "un-
justifiably and improperly. without
authority of law"
He reviewed the case in detail. In
his summary. the judge stated it was
shown by evidence that Moore had
| told Spalding. on a street car, that
it was not gentlemanly to retain
seat. leaving lady standing. Moore
was with a woman companion at the
time and the policeman. who. 1t de-
veloped. had strained an ankle dur
his tour of duty had not budged from
his seat when the couple entered the
car. This, the court held he had a
right to do. But If he were to make
| an arrest for disorderly conduct. the
judge stated, the time to have done
| it was at the point when Moore told
| him that "if he were q gentleman.
he would give his seat to the lady"
Arrest Held Too Late.
| The arrest did not take place un-
| til some fourteen blocks later, 1t
, was shown. The words which Moore
used, his tone of voice, and attitude,
; in stating the words and subsequent
I
Policeman Bremmerman, who was on
| the car at the time, aided in the ar
jrest.
Judge Mattingly congratulated As
sistant District Attorney Ralph Given
| for his handling OF the case, stating
| that he had done his duty. honestly,
conscientiously and squarely. as had
| his opponents done theirs. Attor-
neys Dutton and Jeffords appeared for
! the defense.
rences do happen" Judge Mattingly
said. Nobody, in my humble opin-
| ion, believes more than 1 in uphold
ing the police department when it is
| right and l think no one will moro
quickly criticize policemen when they
are in the wrong.
| Il think the case can be settled on
Officer Spalding's testimony" i"
Here Judge Mattingly referred to the
| testimony of Policeman Spalding in
detail; Did it occur in that way"
he asked. mo. Probability is that
Mr.. spalding was greatly offended by
the remark. All probabilities are
against the story as he told it on
the witness stand. No testimony
tends to corroborate Mr.. Spaldins.
Policeman Challenged Moore.
He was not compelled to give any
> one seat in these days Of reform,
when men and women stand with
| equal rights"
| The main controversy it developed
| from testimony. was when Spalding
| on his way out Of the car told Moore
| that if the latter were so inclined
they could settle differences outside.
! Moore arose and followed the po-
! liceman. When he arrived on the
| front platform, however. witnesses
! stated, he declared that he had re-
| spect for the uniform which the po-
| liceman wore and he had lady with
1 hi n n
by witnesses to have stated his de-
sire to meet the policeman some
| other time when the latter was not
| in uniform and when he himself was
| unaccompanfed by a lady.
At this juncture, the arrest took
place. Testimony averred that
| Spalding. aided by Bremmernan, and
the motorman, as well as by two
| policemen outside the car. dragged
Moore from the street car and started
to the patrol box with him. This
happened at Georgia avenue and Irv-
testified that they left the car at
the next stop and on returning to
Irving street, found Moore lying un-
conscious, with his head bleeding
and, according to one witness, with
blood flowing from his ears, nose
and mouth.
i This phase of the testimony, how
! ever, Judge Mattingly declared was
not necessary for the case Of dis
| orderly conduct on the part Of Moore,
since this took place after the arrest
was made.
| Prosecution endeavored to show
that Moore's attitude was hostile to-
ward Spalding when he followed him
| to the front of the car
Judge Thinks Otherwise.
| Regarding this phase Judge Mat
tingly said:
follow him? He is good, substan-
tiaI man, willing to tight. Both OF
/, light during the recent war. Both are
good American citizens" But when
Moore reached the platform he gained
control OF himself, realizing he had q
lady with him, Judge Mattingly con-
| tinued. and decided not to light.
Judge Mattingly then criticized the
policeman for the manner in which
| the, arrest was made.
TT Is my opinion" he said, s"that
Omcers Spalding was humiliated and
he intended to settle in some manner
he did It. I hold whatever to have
been done there by Mr.. Spalding to
have been, done uajustinably and inn
properly, Without authority Of law.
There was no cause for arrest for dis
orderly conduct"
He ended by oongratulating every
body and thanking all partlcipants
especially witnesses, for their Inter-
est and attention in the case
Moore appeared in court with his
head bandaged and his left eye dis
colored. He took the stand himself
to outline the case.
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