Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-11-12
THE COURTS


1nis morning IA the Court OF GENERAL Tern
judges Carter, DIN, Fisher, aud wyHa-
judge DIN delivered the OPINION Of the court
IN hr case of N. Bsrth ngt. Heidsr. ailir ming
iudg OF court below. This is an action
FOR Iaise inpr sonmenL which comes up from
the CIcait Coart lin which verdict tor s5,O
was gwen for the plaintiG,) on executions
The facts in this case are as follows: Piainn,f
lived ia the house OF defen dn Mt and the late
missing watch caused as alleged the arrest Of
plainiiL BY detective officer, aud was Iockat
up by the officer, but subseq uently released
After recIting the facts in this case Ina.
Ohm said that AS The question had ireauentiy
arisen as 10 the authority of private uersons
and police officers TO arrest persons without
warrant II may ne useful to state what VIA
deem TO be the law applicable to the subject:
lst. AS 10 the rlght of private persons To aTre>t
IL has long been The settled law, that all per
sons " hateyer who are present when a felony
Is committed or dangerous wound is gwen.
not only may apprehrnd the offender, Sut hat
Is theII duty 10 do so. l Arch Or. Pi oI.o
Hawk r Z. l57; East p. g. 81; HolIey VS..
Mix $50. "
So any person " hatever, II an ARRAY be made
TO the breach OF peace may without warrant
restrain any of the offenders in order 70 pre-.
serve The peace, but even il would seem that
TINS restraint can not he continued after the
peace has been restored. See Phillips VS.
Trull II. John 4s6.
Neither private person an officer can
arrest PERSON charged with a crime of less
degree than felony without warrant If not
committed in their presence, an officer has NO
more right TO arrest q person without warrant
Ehily Vi N III tsutUnrtfoT dItcT the oHente n rs
been committed. See Proper vs.. Adler Park;
.. Hawkins Z. g. I2l; ,. & d u 49,
Both private persons and officers may arrest
without warrant persons guilty of feloutes
Upon this subject, Chief Justice Savage. in the
Third Wind, 353, states the case as follows
My unders 'auding OF the law Is, that IL a
felony has IN fact Deen CONF lifted ny the per-
son arrested, the arrest may be justified nv any
one without warrant, whether there is time 10
obtain one not. If an innocent person IL ar
rested upon suspicion by private individual,
"a 4 NAL If falA
was committed and there was reasonable
ground to suspect the party arrested, hut II no
felony was committed by any one and private
individual arrest without warrant such arrest
~ illegal, though an officer would be- justified
II he acted upon Information which he had
reason TO rely on"
Justice Drnry in Rohan vs. SAVIOR Cush.
ing, 2S5 says the public safety and the d ne ap-
prenension OF criminals, charged with heInous
(felonious) offences imperiously require tnat
such arrests should be made without warrant
by officers OF the law. As to the right an.
pertaining to private individuals to arrest
without warrant, IT is much more restricted
authority, and Is confined 10 cases of thu actual
guilt IF the party arrested, and the arrest can
only be JUSTIFIED by proving such guilt; but as
10 oonstables and other peace officers acting
Off cialy, the law clothes them with greater
authority, ard they are held 10 be justified il
they act in making the arrest on probable and
reasonable grounds for believing the party to
b. guilty OF felony. = y peace officer
may, therefore, Justify an arrest on a reasona.
bic charge OF felony without Il warrant, al
though it should after wards appear tnat no
felony had been committed, but q private ind
SIdual caprot.' See Samuel VS.. Payne, I
Doug. 359 Hale L. u. -, ~, 50. We tuink
the true rule OF law is laid down in the case of
ROhan VS.. savior, and the ruling of the Jus-
tlce al The Circuit must be sustained.
THE ELECTION CASES.
The contested election cases from the Fifth
Ward-Gullck agt. CLARK, Mead agI. Carroll,
snd Ferguson, zimmerman and O'Meara agt.
Miller, Arrison and Torrey We're called;
Messrs. DayIdge and MeTrck for complain
ants, and Messrs. Riddle and Cook for defend
ants.
Mr.C Cock filed a motion 10 uuash the n ,titlons
in the iifst named case, Quick sgt. Clark. and
he proceeded 10 argue that the petitions were
not properly IN court that they were vague
ana uncertain IN that they did not specify the
number OF votes cast, the number of the ma
lorliy. the number Of registered votes. and the
umbsr % sn.I -ho voted, ard in supporl
read from TIDE use OF Eallan "A nam agt.
Campbell, IN Bartlett contested election cases
aud also referred 10 The case of Dawson agt.
Fuller, where 1t was held that the mum
Der OF votes cas- IN he district wnen
ALLEGED frauds had been committed shOald be-
statss. He also read nom The case of Kline
ag'. eTTee' IN the same volume, from con-
tested case IN Congress ia Is o, rs also a num-
her eff cases il 2d FarsCIs, seIe.; equity cases,
tCarptnters's page SO, and SkLIrstt's mage
5'H) lie argued = ~ toe p s.!t.cls were vague;
only making the general e.rlent IF p ma
iDflt'. ana not eve. - san IA y of the vote 10
tGat Ward being before the Court. The law
ucHs not make The returns OF TIE CJnnIs
e
Judge Carter askC- hCw The ircun bsnts Or
taiL I'd their seats
M. Cook said that the commissioners nude
Tetlfn IN " hich were number OF soldiers
ballots, and subsequently they mada supple
mental return, tthe soldier vo,a oe.ng counted
ont.) On thls return the REGISTER gave MI
C'alk certificate, and Oh this he holds bis
seat.
Mr.. Eer-Ick for toe petitioners followed, said
be Understood the objections TO be that the iu-
eumb"nis were not advertised as 10 what they
should answer, and called attention 10 the
rICa5I1Es ~ III. cases, reading from the petl-
uo1 CT Mr. Mead, which alleges that he re-
ceiSed a m: JorIty OF the votes; that the commits
sioner ascCI;Staed TIE tact; that they made oat
'ae return, &c; which allegations are clear ana
sufficient
Judge Cartier asked why was ne (pntitiouer)
not admitted.
Mr. Mernck.-Becapse he did 10: sui; the
Register.
Judge Cariter.-It seems that both sides are
avoiding the real issue. Why not charge me
Register with Talieasance in Office!
NJ. Merrick concluded the reading, saying
that Il was EnmaieIiaI, and b pTOcseded 70
argue that the Pc lions were Sufficient 20 bring
the !act. before the court. He all read he
answer Of The Respondent, (ClrrGl.3 which
answers every allegation IN the Pct icL.
Judge Olin asked what power the Rs1ister
had 10 determine who was elected.
Mr.. MeIrick answered that he had no pow
er whatever, his duty b.ing purely minister
al. He read from the act Of l,21, prov idiug for
me sslsclOn OF Commissioners OF Election,
and sand That under The law judges OF Elec-
n was TO register gal voters. and he Commits
siohsrs were simply to receive votes ana sa5-
isfy themselyeT II the identity OF parties. TIE
law OF 1870 provides that tn Commissioners
shall count the votes and maze the returns,
and also that the persons receiving the highest
number OF votes shall be elected. No autnori.
" il given IN the acts 10 the Commissioners to
examine Into the legality Of the registration,
but they have simply 20 receive the votes aud
make returns ACCORDING to 81 &c: OF 1870. He
also Tead from act o. 10Th May, l56c.
----D----
TIE POTOMAC FRoNT.-Ths steamer Wawa-
SGT. which arrived from CurTiomau last night
l. running on the line between Washington
and Alexandria to- day, in place of the City Of
Washington, which j. now IL Baltimore re-
celvlng her winter coating OF ron. Tomorrow
he VIII leave tor Cone River, and among her
passengers will carry en- ANA IT huuung
party, we'll provided with ANN 1ni,ion to bring
down the game.
Ndrrfy's Observation-Disclosures Pioneer,
o!den, LOT Accotnk, light; schr Ridley, Arm
strong, Tor Eastern Shore, Md, light.
RiryS UddrT.-A.rived-Schr. Jennie Baker,
Hedley; sloops Past Grand, JUstis; Mary
Louisa, DAVIS, with oysters, for Turner n co.
and Win gfield, Stewart < Co. Sailed-Schrs.
Hampton. Lewis; Stephen a. Douglas, Lewis;
Martha Washington, Cheshire; Oriental,
Cheshire; Charles Brown, Pruett WLl. Henry,
Shrever; Flagstaff, Hughes; Flying Fish,
Shreves; MarcellaiDe, Trader; sloops Sariuel
Thomas, Justls; Fashion, Leyini Rough,