The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-12-07
!. g ! in. .Nl''I.D!dR BONDS S.
SURETY REGUHRED OF, GENERAL
IMBSDEN BY POLICE JUSTICE. VI
AP, PEAL TAKENfAND THEDECIsION
4. I - 80 AFFIRMED. .s+i I.


8. AFFIRMED. .1si
YG s,,gs& .-------------"-s $3.50 * sssst r -
General j. d. Imboden appeared before
the Police Court yesterday morning, accord.
ing to the terms aof his recognizanee. and
Ponce.Justice White entered the following
Judgment: -. ,..,..,-
bound with him In the sum OF one thousand
dollars by p recogofzance to keep the peace
for the term Of twelve months from this day
towards all the citizens Of this Common
wealth, and especially towards Bradley I.
johnson.
: .sAnd tho said defendant having refused to
find suck sureties he Is committed to the
custody of the keeper OF the Jail of the city
of Richmond, to be safely kept by him for
the term of twelve months from the date
hereof unless in the mean time he shall find
such suretIes, or be otherwise discharged by
due course of law"
General Imboden was formally committed
into the custodyo Jailor Cummings, who
was present.
An application for q writ of. hdbeas corpus
was at once made out and signed by the pris:
oner. and MIR. Wise and General Imboden,
the latter in custody of the jailor, went up to
the Hustiugs Court to see Judge Guigon.
Judge Guigon told Dir. Wise he thought the
proper way Of proceeding was not by ha6eas
corpus, but by appeal from the Police JUS
tice's decision. Accordingly, the three re-
turned to the courtroom, and MIR. Wise re.
auested the Police Justice to take bond, and
they would appeal. Il .
The Police Justice reminded Mr.. Wise
that he (the Police Justice) had Informed Mr..
Wise, on Saturday that that was the proper
course. Now he could not revoke his sen.
tence and pass a new one, but the mittinus
commanded the jailor TO- hold the prisoner
" from the da'e thereof unleSs in the mean
time he shall find such surelieS, or be other.
wise discharged by due course of law"
Under this provision the prisoner had the
right at any time to offer surety. O. :, .
. Mr.. Franklin Stearns undertook for Gene
raj Imboden, aud at 5 o'clock yesterday eve.
ming Judge ,Guigon heard the appeal from
Poiice.Justice Whites ,decison. ,..s:..F.
Messrs. E. c. Cabell, JOAN Poe, Jr., Frank.
lin Stearns, and a.. Coalter Cabell were ex.
amined as witnesses. None of them had
ever heard OF. any threats used by General
Imboden, and none Of them had any knowl-
edge of his purpose to break the peace.
AttSE uGEIlhS tuc cuOSO oaiEoA
affirmed the decision of the Police Justice,
and grounded his opinion entirely upon an
expression used in General Imboden's letter
from Altoona, Pa, In which he spoke of
seeing General johnson again.
Said General Imboden ia that letter: 7" a
gentleman from Brooklyn, who gave !us his
name, told Colonel Burwell and myself that
he took the pistol from johnson. johnson
then exclaimed, Il obey the arrest Then,
addressing me, said L have cowhided you,
and have been looking for you all day, but
thought you had gone In the morning. That
was the 6rst intimation I had that such q
weapon was attempted to be used; and re.
piled indignantly, sYou have not done 1t,
sir. But you shall hear from me again."
The last sentence, Judge Guigon Aheld,
contained the threat. Judge Guigon woulG
not have thought anything Of it if it had not
been recited deliberately In writing, but as
it was he was forced to believe 1t signiE-
cant. 4:
The Judge said that whilst mere belief or
suspicion thet person intended 10 commit
breach Of the peace would justify police
man OR any other conservator of the peace IN
swearing out peace.warrant and bringing
the suspected person before q magistrate, yet
that officer could only hold him in bonds
when there was good cause to believe he
intended to- commits the offence. The word
cause" in this connection has legal signif-
canoe, and to constitute that there must be
some outward act or some expression indie
! alive Of his intention. The mere fact that a
man has been insulted or attacked, unaccom-
panied by any threat OF redress by the man
assaied, is not such cause as is necessary in
| a case like this. However, In consideration
of the implied threat contained in General
Imboden's letter, he would affirm the de.
cision of the court below. $685.
Further, he said the bond ($1, ,0O0) was 8
very small one. IN 3<
MIR. Wise insisted that General Imboden
could not have given fair account of the
affray without reciting the expression he
used at the time, and contended thst Gene
raj Imboden stood on so much higher ground
than General johnson it was not incumbent
upon him to do anything more. =.
Judge Guigon intimated that IL General
Imboden would say that be would not pur.
sue the matter further the question, could be
satisfactorily settled. tx -
Mr., Wise declined to say anything of the
kind, but indicated bis purpose of taking
the case up to the Supreme Court.
General Imboden is now at liberty, but un.
der bonds to keep the peace. .s.
Yesterday morning at the Police Court a
motion was made to put Captain Frank NJ.
Imboden under bonds, but the witness relied
on to, show that he was likely to commit q
breach, of the peace said he knew Of bis own
knowledge nothing in the world about it.
TEE JOHNSON KNIGHT CONTESTED ELECTION
CAsE.-The Senate Committee on Privileges
and Elections met again yesterday morn.