New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-24

s5udge Evans in the First Municipal Police
Court. he issued written order to Captain
GRAY, in charge Of the first police precinct,
not to release pri soners under any circum-
stances That order was not deemed sufh'
cient, in the mind of Captain Gray, to d.
rect him in his duties as q member OF the
Metropolitan force, therefore he and super
intendent Loan declined to be governed Dy
the aforesaid document. Several nights
ago the captain released young man who
was ch arged with q petty Ofense, and that
action was sustained by the superintendent.
On this Judge Adams promulgated an order
directing the superintendent and the cap
tain to appear in court before him to an
awer for contempt. Both accused yester-
dav responded at the hour named, with
Messrs. Whitaker, Campbell and Dalshei-
mer as their attorneys.
Mr.. w nitaker asked for statement of
the charges against his client, or rather that
against Captain Gray, the first prisoner
called to the bar.
The Court-He is here for releasing
prisoner without authority from me, and
in violation of my express direction.
Attorney-Who are witnesses!
Court-The court makes the charge and
has it's written order in the case.
Attorney-Then hold that you should
not sit in this trial. :.
Court-We think otherwise. l contend
that the moment prisoner is arrested that
the police have no further control, more
than to uetain accused in jail.
Attorney-The custody OF an individual
does not interest this court
Cour,-The court has made up it's mind
Attorney-We will quote the law on the
subjrc law passed in the year 1871
Court know that Law by heart, and IL
does not give the power to release
Atrorney-IIays you any control OF a
prisoner before the court opensf Ii you
see a prisoner in custody of policeman On
the way to prison, have you right TO re-
lease him! l contend that municipal PC
lice Judge has no control over q prisoner
until the prisoner has been handed over ~
the police 1t you release prisoner and
he tails to keep his parole or bond to ap-
pear, who is responsible? Nobody. Ii 3
policeman releases prisoner. anu tnat man
fails to appear. then that officer ls Directly
responsible to the Board OF Police Commis-
sioners, who will try him for the derell! ton
There is no power to punish municipal
police. MAGISTRATE for releasing prisoner
who disappears. Such things should De
left to the police, who are familiar win
what ia going on. The Judge is not au-
thorized to release persons from cara
boose; the police are instructed 10 detaln
an accused person. Ii the police fail: a1ter
releasing prisoner, 10 produce naM ~
court. then the court may have somethlng
to say. The court has nothing to DO with
prisoners until the police hand them over.
Court-PIease read the law on that point.
[The law was read.
Attorney-On that claim that no NUM-
cipal police judge has a right to release
persons held in custody by the pollce' aiter
detention of twenty-four hours.
Court-There ia no law which allows Tue
police to release.
Attorney-A municipal police Judge is
iudpe of only such things as actually come
before him. The law does not authorize
YOU to issue an order like the one IN ques'
ton. You are doubtless correct IN holding
that the police have no authority to release
nersons In this instance the accused was
not q witness or a prosecutor. There exlstf
no law that empowers police Judge TO oi
rect or order policemen. The alieseG
offense was committed out OF court anu
ont of court hours If this be case the
court is the only witness and prosecutor
General Campbell then addressed the
court, saying:
l hold that this is not court OF record
and can not punish for contempt. Gap
-
tain GRAY committed no contempt, ana IL
this case is not answerable to you.
General Campbell quoted a passage from
the State constitution which says that mu
nicipal magistrates, are only committing
magistrates. and read the Metropolitan Law
on the subject.
You have no judicial functions excep
under the Metropolitan Police law. Int
higher courts are greatly RESTRICTED III Case
of contempt in Louisiana. lou nave ~
more authority to bring Captalh pra5 10,
for contempt than you mad 10 Manuamu
the Supreme Court. You can not nav
judicial knowledge that person ls
nrison out Of court hours. You nave ~
authority to order the police. Captain
Gray had no more right to issue tnat oroe
than you have. IN .ao
grounds than nv associates. The accused
understood these things differently, an
there was no contempt for this court Inc.
were backed by the police law. clam
that there was no contempt. II Ia'he
commands his son to do wrong, II the soi
disobeys, believing himself right, there !
no contempt.
This closed the argument for the defense
and the case was submitted.
The court then said
If sit here only ten minutes, the court
dignity shall be sustained. The case OF Su
per,ntendent Loan is precisely like that Q
captain Gray, and my decision is the sam
in each: but / wish it distinctly UNDERSTOOD
that bear no malice in this matter tOwar
either gentleman. must commit both az
cused to the Parish Prison for twenty-fou
hours. As soon as the commitments ar
prepared they will be sent down, and az
cnsed can rem ain in their offices until tn
documents are prepared.
Colonel Loan and Captain Gray Their
upon retired to their Offices and in fe
minutes drove down to prison, court office
sitting on a front seat, holding the COMM
ments.
The attorneys instantly repaired to tt
Fifth District Court to apply for writ
habeas corpus. The case was given to Judi
Cullom, who quickly understood the ci
cumstances. Judge Adams was called ss
witness, and he stated his case.
Judge Cullom informed Judge Adam
that he had NO particle Of power to ser
aocused to prison for contempt, consequer