National Republican., 1873-11-25
THE LAW OF ARRESTS.
Lecture At the Law Univcrsiiy by Juds
Sneli

Lecture At the Law Univcrsiiy by Judge
smell.
An Interesting lecture was delivered last even
Ing before the law class Of the National Univer-
sity by Judge Smell, who commenced his lee
ture, on the Law Of Arrests, by quoting the IA
nous couplet from shakespeare In whic hoccurs
the line:
"The thief doth think each bush an oflicer,"
and said II was not to the consideration OF the
psychological question presented by tho great
dramatlst that the attention Of the class Was In
vited, but to the legal relations OF the criminal
to the citizen and officers OF the law-when
amenablc TO arrest for The c commission Of crime.
An arrest Is the taking, attaching, or seizing .
lion Of the command Of some court, or minister
Of justice, or by a private person, according TO
the command or permission OF the law.
To constitute an arrest there must be actual
or constructive physical restraint. Mere words
are insufficient. IL Is enough n the party ar
resting touch the other, even with the end OF
the nnger. 80, II the ofiicer tells the defendant
he arrests him, aud locks the door upon him,
that is an arrest, for he Is In the custody Of the
oficer.
When the arrest Is once lawfully made
ressed party % attempt & 70 break AWAY II 70 @ secure
his prisoner the most extreme measures are
Necessary; even to the taking Of life, thd ofiicer
Il is said by Hawkins, and may be considered
the doctrine OF the commou-law writers, that all
persons whatsoever, who are present when Q
felony Is committed or dangerous wound given,
are bound 10 apprehend the offender, or assist
an ofiicer demanding their aid either In arresting
the felon, suppressing an ARRAY. or taking the
anrayers; and such an arrest may be made with
out warrant, and Is called an arrest on sight or
view. But with regard to offences Of less degree
than felony, II not committed 10 their presence,
or n committed In their presence and the arrest
Is not made on the spot and until the occasion
fullv DaRqP1. n Ia fnF
the protection Of the party making the arrest
The leading case upon arrests BY private per-
sons is that Of Price vs. Seely and Others, 10
Clark Fenneily, p. 2s, and Bennett a Heardh
Leading Criminal Cases, p. iIT) Il Is there held
that private person Is not justified In assisting
or giving In charge OF policeman without
unless the ARRAY Is still continuing or there Is
reasonable grounds to apprehend that he intends
In samuel W. Payne and others, It was held
that peace oficer could Justify an arrest on
reasonable charge Of felony without warrant,
although no felony had been committed, but
private person could not-1 Douglass, so9.
GERS, where reasonable suspicion Of felony ex-
lsted, he cited Ledwith vs.. Catchpole, 29i; Colde
As the leading case in the District Of Colum.
bia, very fully reviewing the doctrine Of arrests
BY private persons and oflicers, he cited Barrett
W. Heidee, rendered by the Supreme Court OF
are examined and their doctrines adopted BY the
court.
In addition to these cases two very Interesting
cases were cited from the recent knglish deci-
sions, found In II Cox, q. cases, sustaining the
positions taken.
Tne Judge then passed to the discussion OF the
liability OF the oficer, when the arrest was made
upon void process, and cited State VI. Weed-I
Fosters reports, N. H., p. 2d2-as the leading
case.
void process affords no protection to the
ofllcer sending II; but when process Is regular
and lRQnl frnma. hAVa n
issued by court or magistrate having jurisdic-
ton Of the subject matter, and Of the person OF
the respondent the ofiicer will be justified, not
withstandng any irregularity In the previous
issuing Of the same, or any imposition practiced
upon the court In obtaining 1t.
After treating very fully many Important mat
ters, such as the duty OF officers 70 act with dis
cretion and humanity towards their prisoners,
the right 10 break open doors. the mode OF
seLyice, OF search warrants, and the form OF
referring to the case OF Rex VS.. stickley, when
q blank warrant was nrst held illegal, 1 East. |
L. G. $40; Hanson vs. Barron, T. X, i22, and the
sasss q SSssy VS. aSs snd
arrest and false imprisonment upon general |
for search and seizure Of the papers and
arrest q the authors, printers and publishers Of
persons under general warrants, without pre- |
sious evidence OF their guilt, or the identinca- |
lion Of their persons, continued without serious
received the death blow from the boldness Of |
Wilkes and the wisdom OF Lord Camden.
=, The Issue arose by Infamous libel, printed IN /
The "North Britton," No. Is. Lord Halifax, dis /
oil forms OF law, as one OF the secre- /
laries OF State, issued q warrant, In which no |
person was described by name, directing four |
messengers, taking with them a constable, to |
search for the authors, printers and publishers
)f No. Is, "North Britt0n." and to apprehend
md seize them, together with their papers, and
,ring them In safe custody before him. No'one
iad been charged In the warrant; no one even
OF the crime.
Arme1 WITH this rJving commission" as May
ais IL, they set forth In quest OF an unknown
fender. In three days they arrested forty y-nlne
ersons on suspicion. They took Dryden Leach,
he printer, from his bed at night seized his
rinted number Of the NORTH Brltton," but
OF No, as. suspecting that wilkes was the cul-
rit, at length, without evidence on oath. they
rrested him. bcOrning the warrant, and not
,elng his name on II, Wilkes declared II "a
dioulous warrant against the whole English
atlSn."
They not only seized wilkes, but they took
Of his house, broke open his bureau,
'Ok out his papers, hudded them into sack-I
il manuscripts, private papers and wul-his
lcketboOk niling up the mouth OF the sack. II
For these acts Leach brought suit against
orrey and others, and wilkes against Wool
III after long struggles verdicts were recovered,
likes securing verdict for e., 900. This was In
90, This judgment, which was rendered by
,rd Mansfield, was In the same line as one pre-
ously rendered by Lord Camden, In lIto.
This struggle forever ended the practice OF
suing general warrants, and possibly secured d
6 US some OF the most important features OF