Show OFFICER BARLOWS BARLOW S TRIAL the charge of assault and battery against officer joseph barlow made by A G paddock was tried before commissioner norrell may 16 attorney F B stevens prosecuted and city attorney F S richards defended mrs cornelia H paddock was the first witness she testified that on sunday night when the officers came she roused her husband he asked who was there and was t told old they were police officers he asked aske d what they wanted and ley they told him they had a warrant for willie paddock he let them in and they found the boy after they read the warrant paddock wd said they could not take the boy he made this remark a second time then all began to talk and the boy said he would go mrs paddock said she then sprang out of bed and took hold of the cane her husband had in his hand then barlow struck him and he fell and the officer struck him twice m more paddock groaned groaned roa ned and the ba blood began to flow ow the witness then interfered and barlow pushed her aside and searched her husband for firearms but found none barlow remarked 1 I take no chances at being shot the other officer said 1 I take no chances at being struck with a loaded cane pad paddock dock then got up and he and the boy went with the officers cers to mr richards mr paddock was facing me when he was struck he had his hand on his cane a moment before I 1 was in bed when the officers first came I 1 sprang up when my husband said the omeera officers could not take the boy his hands s were in front of him when the blow came the officers were civil and all was quiet until my husband said the boy could not go then we all began talking my husband went down to the floor immediately upon being struck he received two blows when he was down when the officers came in I 1 asked if the warrant justified it and they said yes or even arresting those who secreted fugitives from the law I 1 then said that if that was so half the people of utah could be prosecuted for that I 1 did not deny the boys presence in the house did not hear my husband say pay it Is a lie he I 1 heard nothing uncivil till the striking took place to mr stevens the boy has been unwell for about a month he was in the insane asylum I 1 took the cane because I 1 thought the officer looked furious rous I 1 have lived here eighteen bears years to know that it is a word and a low blow but the blow first ficat and I 1 feared the trouble and thought I 1 would take the cane to mr richardb Kic hards I 1 did not think my my husband said anything to provoke the blow nor did the officer say anything to indicate that he was going to strike A Q G paddock testified on sunday evening about 12 officers barlow and paddock came to my house my wife woke me and I 1 asked who was the there re the reply was officers they had been there the night before I 1 went to the door after dressing myself I 1 took my cane along aloag and put my hat on the two officers came up and said they wanted my boy I 1 invited them in the boys were sleeping at the foot of our bed I 1 went in first the officers following the boy they wanted was sick they found him and he dressed no other room was entered by the officers they came in along with me officer barlow was between the boy and me and real read the warrant I 1 had the cane in my hand reached out for the warrant and he said he must keep it I 1 told them that they had what iley they wanted and told them to go out I 1 told them they could not fake ake the boy and my wife sprang apran 9 up I 1 saw barlow put his hand in his pocket an instant afterwards I 1 was struck on the neck and I 1 knew no more till he was searching me for a gun ud I 1 know nothing of any other alow blow or what caused the bruises on my head except as I 1 have been told I 1 offered no resistance except to say they could not take the boy to mr richards I 1 was saying the boy was sick when I 1 was struck I 1 dont think I 1 had told them i I 1 said twice that they could not take him I 1 motioned them to go out of the room I 1 dont know that I 1 touched either of them don dont donit it believe I 1 tried to push either of the officers did not attempt to shut my boy in the room and the officers out did not push mr barlow partly out of the door miss grace paddock after the officers came into the room they found willie whom they were looking for heard my father say you cant take the boy but take me the officer said they did not want him he then said again that they could not take willie then I 1 heard my father fall and heard the officer say 1 I dont take any chances on a man drawing a shooter six 11 to mr richards I 1 did not see what went on only heard it I 1 heard two blows after father fell dont know where fathers hands bands were when he was struck he did not say that willie was sick larned lamed cottrell te testified stifled I 1 know mr paddock on tuesday after this 1 trouble I 1 saw blood on the wall where mr paddock is said to have fallen gates paddock testified I 1 saw the police after they came in the room heard my father say find fina the boy the officers got willie out from under the bed they first called me to AM stand u up to see if I 1 was the boy fat batner I 1 er had his cane in his hand after the warrant was read father said you cant take this boy tonight T will go the officer said we dont want you we must take the boyi boy then father said you cant ue take him we all began to talk majk telling father not to say anything saw mr barlow take something from his pocket and knock father down then he e searched his pockets the officer struck twice after father fell and mother interfered to mr richards we have all talked about this matter since it happened my aay fathers hands were in front of him when he was struck mother told me that mr barlow said he would have no man pull a gun on him mrs paddock was recalled and in reply to mr richards testified I 1 believed my husband would be struck from the general reputation of the police for brutality and because my family are special objects of dislike I 1 wanted to make peace when I 1 tried to take the cane from my husband if he had defended himself he would have been killed to mr stevens I 1 have been publicly abused by the press of city except the tribune because of my writings to mr richards I 1 never heard of the defendant partaking of that spirit officer J B cummock was waa the first witness for the defense he n testified we went on sunday night nigh to arrest wm paddock we understood the boy would get in at 12 it was agreed that mr bar low should go to the front door and 1 was to guard the bac back k door we knocked some time before we got an answer then we told paddock we wanted his boy barlow said caffe he is in there paddock replied replie 4 Yo youre urea a liar barlow called we me g and said the old man is asking askin for a gun and he is griffn going to stand us off I 1 I 1 heard mrs P paddock dock tell paddock not to have any trouble with the officers I 1 saw paddock get r something from under his pillow saw the boy get under the bed paddock came to the door with some soine thing in his hand I 1 saw this all through h the front window barkov ba told fim him he wanted the boy and showed his star and the warrant he be said to paddock that he be did not want any trouble but must have the boy we persuaded him and he finally let us in he said the officers had searched his place the day before he be pointed ted out two boys one of them thella the atin witness here and another mudge then he in invited cited us to the other room 1 I reached down and caught hold of willie paddocks foot as lie he was hiding under the bed mrs paddock said the boys name was not william wilham barlow read the warrant baddo paddock ek told us to go out biala and j pushed PU shed barlow the latter said WO we would not go without the boy witlie withe said dont have any trouble let father and came forward pad dock moved his cane to his pt left hand and threw his right hand to his nip hip pocket ceet saying sayin I 1 you cant take the EY boy I 1 called ld look out for a pistol and barlow struck two blows quickly at the second blow bl ow paddock fell and mrs paddock sprang out of bed I 1 stopped her by putting my hand in front of her ab was in bed when her husband was struck barlow never hit him after he was down he searched him but found no weapon paddocks hand band j was on his hip pocket when barlow struck him to mr stevens mr cummock related the same circumstances nothing additional being elicited 00 cross crow examination officer J E mann malin te testified stifled I 1 was at the paddock residence the evening before this occurred occurrence nee with a warrant for the boy he be ws not there paddock told me he e would not allow him to be arrested mr elliott was with me mrs pad dock and her husband husband were very angry after we talked with them k considerably they let us look loo 4 i through the house even then M mr f paddock said he would not let the boy come I 1 told mr barlow of that 4 statement to mr stevens I 1 had bad no war j rant then the city marshal sent us to get the boy but we could not flad fla h him im knew willie paddock hao b been een in the asylum dont alno who had the warrant there were three other officers officer B W elliott corrodo rated mr malins malin s testimony as to w mr paddocks paddock refusal to let the boy baj r come even if he had been theoroy mr salmon had gone up with 00 ther other officers and had the warrant III his is possession officer joseph barlow testified n sunday night we went to mr paddocks docithe dock the fourth time I 1 knocked mr adock IT answered and who I 1 was I 1 told him I 1 was an n officer and wanted his boy he came 5 to t the tu window and said why dont you find him I 1 said d he was inside and pad dock ck replied youre a liar he then en turned and laid said where is ray ay run gun I 1 called mr cummock and told lold him in a little time pad dock ok came to the door with his raised 88 cane I 1 showed my star and lu ha Wa warrant irant he said I 1 could not halo the boy I 1 told him we did not ant any trouble he said the cers ts had been there the day before aad W found nothing I 1 replied that ey had found some stolen goods e then stepped back and I 1 put my ot t inside his wife called to him to ot us in and he did so we went 11 and he told us to find the ue boy mr cummock looked under the bed and saw the boys 1 l lie he called to him to come out alad he did not then I 1 called and he ue came I 1 read the warrant but kept pt a biose close watch on paddock for he n seemed very angry he pushed rae back toward the doorway and I 1 said sa s1 oh no ill stop for the boy ue he said I 1 could not have him I 1 sipped forward into the room then to ok a step backward and said you iou cant have the boy he passed his cane to his left hand and tew w his right hand to his hip pocket pet the boy called out and 1 I 1 struck uck two blows he fell and I 1 searched arched him quick jack for a weapon the tte cane had fallen and I 1 picked eked it UP P and gave it to mr r cum ck then I 1 helped paddock U 1 P a and n d told him I 1 would tj e him we waited a little while for wr the boy to get diesl dresek sed ted and then vl went to the city hall I 1 struck ra Q bemuse because he went for a pistol I 1 of drawing my own but hn or thought gitl I 1 could do without he ahls he his right hand behind him w when en fall I 1 would not have struck him af I 1 qi ba not believed he was gong going scoot I 1 never struck him after he Was sd down own to mr stevens 1 I could not tell tel I 1 whether aether I 1 hit him on the neck or the tae side aide of the face I 1 had my nip pra saw in ray my hand band do not know exly betly how I 1 held them the nip g probably struck him im I 1 was evinced he had a gun because I 1 heird ws him ask aak fox fol it the window pen so I 1 could hear what was he was in ln a very 9 angry mood a I 1 watched him closely di I 1 not ampt to disarm him before then as ft N e did not want to take any atch chances TO 0 o mr richards I 1 had been hiba ged by mr malin to look out for mr stevens I 1 took a good y chances rather than create a t took bance used every precaution ah tha he can nippers I 1 out ormy of my pocket i ut the time he refused to let the boy conae to toa lr richards said that he desired fo show 0 that stolen goods had been it in ha the paddock residence but was wae decided not to do so mr paddock was recalled and said he knew nothing after the first blow took nothing from under the pillow mrs paddock also testified that her husband had taken nothing from under the pillow the commissioner reviewed the testimony and said that he did not believe a jury would convict but he would hold mr barlow to see what the grand mud jury would do and bail was fixed cd at |