Harrison County v. McCaleb
Harrison County v. McCaleb
Opinion of the Court
delivered the opinion of the court.
Harrison county denied the claim of appellee to the statutory reward of one hundred dollars for the alleged arrest, and delivery up of one John Johnson, a fleeing homicide. Exceptions were reserved to the action of the board in denying the claim, an appeal prosecuted to the circuit, court, and a judgment' was entered by the circuit court reversing the .findings- of the board, and in favor of appellee. There were two claims presented for this reward, one by B. L. Conn, a police officer, and the other by appellee. There is considerable testimony in the case and some sharp conflict in the evidence. We have examined the testimony favorable to appellee, however, and, in our judgment, the facts fail to show that John Johnson was making a real effort to escape at the time Mr. McCaleb ordered him- to give up his knife, go to- the dressing room, and change his clothes. Without setting out all the facts in detail, it is shown by the testimony of appellee himself that Johnson was one of the regular negro employees of the Gulfport Grocery Company; that he made an unexpected assault on, and cut to death, one of the other negroes ; that in this large wholesale house a crowd of negroes surrounded the assailant and demanded that he give up his open knife; that Johnson was backing' back toward the side or back entrance of the large establishment folio wed. by a bunch of negroes and declining to give up his knife, when Mr. McCaleb, the appellee herein, ahd
Reversed, and judgment here for appellant.
Reversed.
Reference
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- ¡Statutory Rewards. Fleeing homicide. Where a negro employee in a wholesale grocery company got into a controversy with and cut another negro to death and the other negro employees surrounded him and demanded that he give up his knife and the slayer hacked to an entrance and refused this demand, when claimant, one of the white bosses, appeared and ordered the slayer to give up his knife and go to a dressing room, take off his working clothes and stay there until an officer came, all of which the slayer did, in such case claimant was not entitled to the statutory reward for arresting a fleeing homicide.