New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-17
Philadelphia News Items.
Pun ADELPmA, Tuesday, Nov. 16, 1852.
A case of a novel character WAS I'D bpfnre the

pm ADELPHIA Tuesday, Nov. 10, 1907.
A case of novel character was up before the
United States Commissioner, in this city, this morning
The facts nre rs follows This morning at 10 O'clock
Thomas w. and Richard HrmphB appeared before the
Commissioner, charged with o5srructing Deputy Marshal
jenkins In the performance OF hls duty The facts of
tie appear TO be follows Officer Jenkins had
against person charged with crime, and on
Saturday night at about l0l9 o'clock, he went 20 the
Archtt Theater accompanied by John f. Autcn OF the
Mayors Police He walked up 10 n Mr.. Worn. at the
door and told him they officers, and. having
rant they wanted 10 arrest they believed to be in
side Worn replied that they could not 90 IN without
check pas, and remarktd that 1t small bust
nefs jenkins then went 10 the bOXOce and made inquiry
or the Manager The flee closed az That late hour.
He received satisfaction he mex went back 10 the
door, showed lis warrant and SAID he Int ndcd 70 20 IN
One Of the dCCndGuts remarked ta he should not 20
ir-he did not care what he Lad. On attempting to Gu
ter BE- seized by one OF the defendants ~ the collar
scuic onsued, wnen officer Jeukn1 rcmarAe that he
would aue.t him for Interfering with him in the dis-
charge e liz duties. He took the defendant % the
wOtchhouse but the captain OF the watch rCu ed Oh1ve
fnyihng 70 do with the case, and they then separated.
SulsCqu ntly. Oiccr J,nkns hal the defendants both
arrcsted Ohlcer Austen exhibited hi metallic badge To
convince them that they were 0ihcer1 Officer jenkins
did not show his warrtnt until he went back TO these
perstn- a second time. The reason Mr.. jenkins hal tor
suUucsing the offender he was looking Tor in the
tlost6r from information he had received from L.
6 Wood, OF the Mayors Police several days before.
Wood said the person visited fuch place.. Both the de-
feudtnis took hold Of M jenkins, az he alleges
Mr. Gulou ssked thai he might he permitted 70 offer
testimony to chow that Officer Jcnkins had msrccol-
lcotcd The tran actions ~ they occurred
Tie Comni,sioner Overruled the offer and said that
If priHG tacie Il made out Il L IN duty 10 bind
over.
District Attorney Arlmead rctd from GOrdon's d.
get sec C2i show what the law Is upon the sub
iect |, Il a. follows.
II any porsOu shall knowingly wully obstruct re-
get or oppose any ocCr OF tie United states, IN sery-
in attempting TO serve or execute any merne pro
ces. or warrant, any rule or order of any OF the
Courts Of H. nsed States, any other legal or judi
cil 1T process whatever snail assault beat or
wound any officer or other person duly authorized IN
serving executing any writ rule, order process or
wsrri nj Aforesaid such persOn shall conviction, be
imII soued rot exceeding twelve months and lined hot
exceeding 5000
la Chit;ys CHM. Law, vol /, P. 81, il sad-lti.
clear az IN al cases dOCrs nay be- broken open, II the
ofcudor otherwise be taken under warrant for
treason felony suspicion OF felony, actual breach Of
The peace search for It len goo. In these cases
aWa.raIt l. complete Justification % the person 70
though the party accused should prove h.s innocence
Ssne book y. 80 II r said-he house OF third person.
Il III cfeud,r ty for refuge, not prnle,cd, but mag
he brck open after the usual demand for it may be
ever 20 upon civil prccess.
Mr. Cuillou said, that # NJ, Hemphln had been not
fed that there was Reasonable ground II belief r.
noe thst tie criminal within .he tleter he would
lave afforded every facility for ms arrest. Persons
connected with places OF amusement have 70 be very
b careful IN Guarding csinst imposion
Tie Commissioner then held them "a so each " On
swer the clsTge a. the presen, term Of the Court.