The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-11-18
obstruotinx an omoer.r..

The Philadelphia Bulletin furnishes the follow
ing report Of heard before the United States
Commissioned in that city on the 18th instant. 1t
Is Of novel character, tho decision being In 70
gard to the right Of police officer TO enter place
Of public amusement, when he has warrant for
person charged with crime, wfo he believes to BIO
within, without first obtaining permission or pur-
chasing a ticketi #
This morning, at 10 O'Clock, Thomas w. and
Richard Hemphiii appeared before the Commits
sioner charged with obstructing Deputy Marshal
Jenkins in tic perfor nance of his duty. The facts
OF the case appear to be follows: Officer Jenkins
had warrant against person charged with
crime, and on Saturday night, at about lOi O'Clock
he went to the Arch Street Theatre, accompaDied
by John f. Austen, Of the Mayors police. He
walked up to a Mr. Worn, at the door, and told
him they were officers, and, having warrant they
wanted to arrest a man they believed to be inside
Worn replied that they could not go in without
showing check or pass, and remarked that it
office and made inquiry for the manager. The
office was closed at that late hour. He received no
satsfacton. He next went back to the door, showed
his warrant, and said he intended to go in. One
OF the defendants remark sd that he should not go
in-he did not care what he had. On attempting
to enter he was seized by one Of the defendants by
the collar A scuffe snsued, when officer Jenkins
remar ked that he would arrest him for inerfering
with him In the discharge Of his duties. He took
the defendant To the watch house, but the captain of
the watch refused to have any thing to do with tho
case and they then separated Subsequently officer
Jenkins had the defendants both arrested Officer
Austen exhibited his metallic badge to convince
them that they were officers. Officer Jenkins did
not chow hs warrant until he wen. back TO these
persons second time. The reason MIR. Jenkins
had for supposng the offender he was looking for
was in the theatre was from information he had
received from 4 G. Wood, Of the Mayor's police
several days before Wood said the person visited
such places. Both the defendants took hold Of MIR.
Jenkins, as he alleges ..~
MIR. Guillou asked that he might be permitted 10
offer Testimony TO show that officer Jenkins had
misnecollectsd the transactions as they occurred.
The Commissioner overruled the offer, and said
that II prima Jdce case is made out, it 10 his duty
to bind over. rs.e- ...s
District Attorney Ashmead read from Gordon's
Digest, acc. 1924 to show what the law is upon the
subject. Ii is as follows: ..... y
II any person shall knowingly or wiifully Oh.
struct. resist, or oppose any officer of the United
States in serving or attempting to serve execute
any nesne process, or warrant, or any rule or or.
der Of any OF the courts Of the United States, or
any other legal or Judicial writ process what
ever or shall assault, beat, or wound any officer
or other person duly authorized in serving or exc
cutting amy writ, rule. order, process, or warrant
Aforesaid, such person shall, conviction, be i'm.
prisoned not exceeding twelve months, and fined
not exceeding i $500.
In Chtty's Criminal Law, vol. l. D. 81, il lie said:
II is clear that in all CAGES doora may be broken
open, il the offender cannot otherwise be taken
under warrant, for treason, felony, .uspcion of fe
ony, actual breach OF the peace or to search for
stolen goods In these CAGES warrant 10 a conf
pee justification TO the person to whom il 10 d.
rected, acting bona tde under it, even though the
party accused should prove his innocence. Same
book, p. 80, it is said: The house of third person
il the offender fly for refuge, is not privileged, but
may be broken open after the usual demand; for
it may be oven 50 upon civil process.
Mr.. Guiou said that if Mr.. Hcmphill had been
notified that there was reasonable ground Of belief
TO suppose that the criminal was within the the
atre, he would have afforded every facility for his
arrest. Persons connected with places of amuse
ment have to be very careful in guarding against
imposition
The Commissioner then held them in s $40 each
to answer the charge at the present term Of the
court.