The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-01
Local N ews.
READ the conclusion of "The Ocean Depths"
on the fourth pago of this mornings paper.

A MARES NEST AT THE PoLIoE CoURT.--
Yesterday morning case came up for hearing
in the Police Court, in which Henry L. Davis
was arraigned for selling lottery tickets. The
case was dismissed by the Court on the follow
ing grounds. -f ga .... ....
The Police Court and Common Pleas have
concurrent jurisdiction of this GLASS of cases.
The law of March 18th, 1881, requires that
either the prosecuting witness must indorse
the information as security for costs, or the
Court may order the testimony before the
Grand Jury. Now, as the Police Court has no
Grand Jury, to give that Court jurisdiction the
prosecuting witness must indorss as security
for costs. In this case the officers who made
the arrest refused so to do, and the Prosecuting
Attorney therefore had no discretion in the
matter, las the law is positive in its terms,)
and was obliged to dismiss the case.
The following are the sections of the law:
That no bill Of ndicting for any oflsnsc specified
In this act, shall be found true bill by any Grand
jury by order Of Court Ct the request q the Prose
in which case, the fact that the bill was found ON
o s S9n to o1 III tSe ~
dorsing the name OF the prosecutor. /
nde and G @ s iii SS tse
Jury and, rpon trial the defendant is acquitted the
prosecutor shall be liable for costs. "a -
The misdemeanors under this act, are:
ns G hSs the
pose of doing an unlawful act; resisting officers In
or minisiers ocers rsceVins upIaWf9 fsss; oS
tanning money under false pretenses; making fraud
tion oppression In office; judicial or ministerial
ocer slirTing up or onc0uraging qlarrels or suits
under sor 81 Oce 5Sdss Srbs %
removing land marks; fighting by agreement; defa-
in arIestlng securing criminals sending or delvor-
ing threatening letters, with view to extorting
lottery tickets rescuing criminals or assisting Grim.
inals to escape; attempting TO corrupt jurors wit
burning personal property malicious killing ofh
or other beasts; inJurihg trees the property Of
others. .|I 10 81. ~
In all these cases, then, under the law, in
which the Police Court has final Jurisdiction,
the prosecuting witness must indorse the bill
of information as security for costs. ~ "a
This law is strengthened by section of q
law passed April IL, 1857, which provides:
That bill of indictment for any ofense specified
In the act entitled "a act for the punishment of
bill by any Grand Jury, unless the OF the pros
ecutor shall be indorsed thereon except such bill be
Jury by order Of the Court, at the request 3 of the
Prosecuting Attorney, or the foreman Of the Grand
Jury, in which the fact that the bill was found
upon testimony sworn and sent TO the Grand Jury by
order Of the Court shall be indorsed the bill in
stead of the name of the prosecutor.
This rule, inaugurated in the Police Court,
by Judge Lowe, yesterday, will, while it re-
lieves the Court of many burdensome cases,
also go far in permitting criminals to escape
from the meshes of the law, as few prosecuting
witnesses, especially the arresting officers, care
to make themselves liable for costs. On the
other hand, it will prevent many malicious
prosecutions. u s.