Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-02-06
HABEAS CORPUS.
The Writ OF Liberty-RightS Of
the Citizen INDICATED.
Duties of Police Commissioners DeRn-
ed, and Excessive RigOr Restrained.

Judge Hunter, of the Criminal Court of
Memphis, has recently delivered the fol-
lowing important opinion on the petition
of John Brady for the writ of haJeas
corpus.
The petitioner, John Brady, shows
that he is detained in custody by the
keeper Of the workhouse of the city Of
Memphis, by virtue Of a mittimuS, OF
which the following is a copy
State of Tennessee: Mittimus No. -
To the Keeper Of the WorkhOuse of the
City of Memphis John Brady has been
tried before the Police Court Of the Metro
politan Police District, on charge of va
gIancy and carrying concealed weapons,
in violation Of the ordinance Of the city Of
Memphis, and has been found guilty
thereof; and falling to pay the fine and
costs imposed, amounting to twenty five
dollars, is hereby committed to the city
workhOuse, to be kept at hard labor, as
directed by the ordinance OF the city, for
the space of fifty days, unless his fine
shall be sooner paid, or he has been de-
livered according to law.
Witness my hand, this 4Gh day Of
January, 1868. C. RICHARDS,
Police Commissioner.
The petitioner insists that the mittimus
is insufficient to detain him, and that the
Imprisonment is wholly unauthorized by
law.
There are several objections presented
to the writ, but it is only necessary to
notice the most important.
l. That it does not appear from its
face that it was issued by any court OF
officer known to the law, or from what
part OF the State Of Tennessee it emar
mated.
2. That under chapter ten of the Code
on the subject of vagrancy, commencing
at section ITO, no fine Of any amount
can be assessed for that offense That it
is punishable by Imprisonment for a
period of five days, and then, only when
the party has failed to find security for
his good behavior as provided in section
III, and for the first offense only.
That even for the second offence he
cannot be fined in any amount, nor inn
prisOned exceeding one month, unless he
fail to pay costs; in which case he can be
detained until the next Circuit OF Grim
inal Court, under section 1,7l2.
That the carrying concealed weapons
as a cause Of detention is wholly void,
and even if the amendment asked for is
allowed so that it read carrying concealed
weapons, it would still be defective, be-
4 -, q
the law as concealed weapons, or even
carrying concealed weapons. The offence
described in section 4746 is that of car
rying dangerous weapons and is therein
defined as a misdemeanor punished by
indictment Of Grand Jury, and not by
a magistrate, who can only bind the de-
PENDANT for his appearance at court.
The first objection that the character
and location of the court or officer issuing
it does not appear in the mittimus is GER
tainly sustained by the examination of
the writ ITSELF
The caption shows that the court or
officers issuing the writ was, at the date
of it, in the State of Tennessee. 1t is
addressed to the keeper of the workhouse
of the city of Memphis. 1t states tina
John Brady has been tried before the
Police Court of the Metropolitan Police
District, without showing what district,
whether of Shelby or Davidson counties,
Knoxville or Chattanooga. 1t is signed
by c. Richards as police Commissioner"
an officer of whose legal existence this
court has no judicial notice. 1t does not
show in what part of the State it was
executed, nor whether the Police Com
missioner was acting within his terrific
rial jurisdiction. know of no officer Of
that character for the whole State.
The third objection, that on the charge
Of vagrancJ no fine IN any amount can be
assessed.
Section LILO Of the Code provides, that
"a person is guilty of a misdemeanor
who, having no apparent means of ubsis-
tence, neglects to apply himself to some
honest calling, or who saunters about
neglecting his business or who tries to
maintain himself by gaming or undue
means, or who keeps or exhibits the
gaming table commonly called A, B, c,
or Z, 0, or a faro bank, or any other
gaming cloth, table or bank Of the same
or like kind, under any denomination
whatever.
Sec. LII. Such persons may be re-
quired to find sureties Of good behavior +;
to that end any justice of the peace Of
any county where the offender may be
found shall, on due proof made, issue a
warrant and cause him to be brought be-
fore him, and, on conviction, demand Of
him sureties for his good behavior, and in
case of his refusal OF neglect to do the
same, may commit him to the Jail of the
county for not exceeding five days, at the
expiration Of which imprisonment he
shall be set at liberty if nothing criminal
appear against him, he paying all charges
arising from said Imprisonment.
Section LIP. If such convict repeat
the ofense within thirty days after his
discharge he shall be deemed a vagrant,
and be subject to one months imprisOn-
ment, and to the payment Of all costs &C
cruing thereon; and if he neglect or re-
fuse to pay said costs, he may be con-
tinued in prison until the next Circuit or
Criminal Court, which shall proceed to
| try the offender; and It he be found
| r,,,;ftu Nv n iurv the Gourf man oo,,,.