APPEAL
from Garland Circuit Court, A. M. DUFFIE, Judge.
The
appellant was convicted of an assault and battery, committed
on Lena Walton. The facts were as follows:
Eliza
Johnson testified: "I live in the city of Hot Springs. I
know Lena Walton. She is a colored woman and lived near my
house last spring. About the first of March she and a man who
was living with her were creating a disturbance by cursing
and loud talking, and I went for a policeman to have them
arrested. The defendant was the first one I found, and I told
him how Lena was acting, and he said he would come and see
about it. I went home, and he soon came down. Lena was on the
inside of the house and the man on the outside, and they were
cursing and abusing each other. The defendant arrested the
man and told Lena to keep quiet or he would arrest her. He
started off with the man and Lena kept cursing and swearing
and using all sorts of vulgar language, and he came back to
arrest her. When he went to the door she shut it, and
defendant went to another door and she shut that, and he
pushed or kicked it open and went in. I heard them scuffling
in there anti heard blows, but could not hear what was said
or see what was done."
D. J
Smith testified: "I heard a disturbance at Lena
Walton's and went over there. Defendant called me and
another man to assist him, and we went in and helped to
arrest Lena. She held back and would not go, and we three had
all we could do to bring her out of the house. When I first
saw her she was bleeding profusely about the head. She had a
wound about the head and was very bloody. On the way to jail
she began swearing and using profane language on the street
and defendant put his hands to her throat and choked her to
keep her from using such language. He choked her twice before
reaching the jail. I did not see him strike her in the house.
She was bleeding when I first saw her. She is a big, strong
woman, and it took all three of us to get her to jail. In
going to jail the other man and I had hold of her arms, and
the defendant pushed from the rear. I don't know whether
the defendant was mad or not, but he seemed to be. I got
pretty mad."
The
State then introduced J. D. Page to prove what Lena Walton
testified before the police court. Defendant objected to the
testimony on the ground that no foundation had been laid, and
that the defendant was not a party to that suit. The court
sustained the objection.
R. L
Williams testified: "I am sheriff of Garland county. A
subpoena was placed in my hands for Lena Walton, but after
diligent search I was unable to find her, and returned the
subpoena as not served. I am informed that she has left the
State."
J. D
Page was then re-called and testified: "Lena Walton
swore in the police court that defendant came in her house
and hit her over the head with a pistol; that she did not
resist his attempt to arrest her until he struck her with his
pistol. Her face was covered with dry, clotted blood at the
time. She said she wanted the officers to see what had been
done to her. The defendant was present when she testified
and denied the truth of her statements. I do not know whether
I have stated all that she testified to or not. I am an
attorney-at-law, and she came to see me about being
arrested."
The
defendant testified: "I am a policeman of the city of
Hot Springs, Arkansas. Some time about the first of March
witness, Eliza Johnson, came to me and requested me to go
down and stop a disturbance at Lena Walton's. I went down
in a short while and found Lena and a white man, with whom
she was living, in a row. She was on the inside of the house
and he was on the outside, and they were cursing and abusing
each other. I arrested the man and told Lena to keep quiet or
I would have to arrest her. I started off with the man in
charge and Lena kept cursing and using indecent language. I
saw witness Crosby across the street, and called him over to
assist me. I went back to the house to arrest Lena. I left
the man in charge of Crosby and went to the back door and
demanded admittance, but she would not let me in, and I went
to the other door. She tried to close that, and I stuck my
foot in to prevent her from closing it and forced it open and
demanded her arrest. She grabbed an iron poker and tried to
strike me with it, but I caught it and took it away from her.
She then took a flatiron to strike me with, but I took that
away from her. She then started to get a butcher knife which
was lying on the table, and I struck her with my pistol and
then grabbed her hands, and I struck her because I was afraid
she would cut me with the knife if I did not. She is a large;
powerful woman. I was unable to take her alone, and called in
Mr. Smith and another man who had come up to the door to
assist me. It was all we three could do to take her out of
the house. She fought, kicked and pulled back. We had a great
deal of trouble in taking her to the jail.
"The
knife was lying on the table, and I was between her and the
table--nearer to the table than she was. I struck her over
the head with my pistol. On the way to the jail when she
would swear and use obscene language I would shut off her
wind. I shut off her wind twice by choking her. I did this to
stop her from talking and cursing so. I do not remember
saying, a short time after I was indicted, that I wished I
had killed her; that I would have had less trouble over it
but may have done so. I am sorry now I did not kill her.
"The
knife was lying...
