Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-12-15
A GROWING EVIL.
" Suspects Arrested by the Detectives
or the Police, Confined without
Warrant Of Law and In De-
flalee Of Justice.

warrant or Law and In De-
! asuee Of Justice.
A System OF False ImprisOnments that
Must be Put Stop to If Memphis
! Would Save her Pair Name
and Credit.
The operations Of the police department of
this city have developed a species Of Oppres-
! sion and wrong which merit our most IN
| qualified condemnation. The citizens of
! Memphis, and all who have any regard for
| human conduct and individual fight, are not
aware to what extent the present detective
| system of Memphis Is carried in the unlaw-
| full, illegal, and even shameful arrest and
Imprisonment of persons. We do not say
that this Is carried TO the extento Of extOrtiOn,
nor done through wrong motives; it Is
enough to know now that the police sys-
| tenn Of Memphis demands a thorough reform
| in this respect, and receives the condemna-
| ton of all who look to the law of the landfor
the protection of life, limb aad property.
| How long and to what extent the oppression
of which we speak has been conducted in
times past we are unable to say-we allude
to the
UNLAWFUL JOGGING PROCESS,
whereby detectives, without warrant or au-
thority of law, not only arrest parties, but in
carcerate them in the Adams street station
house for any length OF time. This Is done
without registering the names Of the persons
arrested, and without preferring any charge
"a practice wholly at variance with the idea
of right, and repugnant to the feelings ard
humanity of our people. Moreover, this pro-
cess is susceptible of the worst and darkest
practices; for, by this means any person could
be kidnapped by the detectives and kept In
dark dungeon for an indefinite period. A case
in point was that of an old negro, named
David Burns, who late Sunday afternoon Wis
tied the Adams street stationhouse TO give
blanket to bus daughter, who had been arrest
ed and was incarcerated there upon the charge
Of stealing sixty dollars. When the old man
reached the stationh0use he was seized by two
detectives, who put him In a cell, to remain
there as their prisoner. This was done with
out any warrant no charge was preferred.
and the old mans name was not even put
upon the docket A number of promi-
nent citizens hearing of this act, went to
see Recorder Duff and asked him to. release
David Burns. They made
STATEMENT OF THE FACTS
in the case, and Recorder Duff did release
Burns upon bond. Recorder Duff states that
upon complaint Of the parties he went to the
stationhouse, but tho name of Burns was not
registered there. The stationhouse-keeper,
Captain Forrest, informed him that there
was no charge entered against Burns, and the
recorder accordingly released him. Had it
not been for the prompt and humane action
of Recorder Duff, the old negro had doubt
less remained in the prison until the detect
ives saw fit to release him. Burns says that
when he went to the stalonhouse Sunday
evening the detectives locked him up, but did
not state why they arrested MIN. Burns ap-
peared before the recorder Monday morning,
but no charge has ever been made against
him, and the detectives who arrested him
failed to put in an appearance or to give any
reason as to the cause of his arrest. This, it
seems, s a
CUSTOM WITH THE DETECTIVES,
ssatlonhouse-keeper Davis, who mas been
in charge of the Adams street statiouhouae
eighteen months, states that it has all along
been the custom of the detectives to arrest
and put parties in the stationhouse without
warrant or preferring a charge against them
on the docket He understood from the de-
tectives that such arrests were made for fel
onies only. He, as statonhOuse-keepe had
never questioned the right of the detectives
in incarcerating persons so arrested, but sup
posed that such is done by authority from the
chief Of police. He was present when David |
Burns was arrested by the detectives Sunday
night. No charge was preferred as far as he
knew, and no charge nor the name Of the
accused registered.
THREE MORE IN TIE JUG.
But this is not the only case of illegal ar
rest and unlawful Imprisonment Last week
the detectives, without a warrant, arrested
three men named W. Il. Cowdy, o. J. Cowdy
md Frank Thayers for the supposed commits |
sion ofa crime, namely, the robbery of store.
These three men were incarcerated in the
Adams street stationhouse for FIVE days, at
which time they were turned loose n war
rant was ever issued, and the accused never
had any trial or examination. Had the de-
tectives preferred charge against these three
men they would have been discharged the
day after their arrest. As it was, they were
held without the shadow of legal authority,
and at the cost of the city of Memphis. The
detectives believe they are right in arresting
men In such manner, for such Is in accord
ONE OF THE OFFICERS
gives it as his opinion that these arrests are
made by authority which the charter Of the !
city gives the police or detectives where they |
have reasonable belief that an offense has !
been committed He states that there areno |
orders from the chief Of police to arrest or |
commit persons so arrested, but such has been |
the custom for some time. Very frequently, |
he says, parties 30 arrested are turned out In 1
fifteen or twenty minutes afterwards when it |
is sscertained by the police or detectives max |
ing the arrest, that the wrong persons have !
been arrested. In some instances they are |
held until other parties are arrested and then |
the names OF said parties go on the docket |
and they are tried. As to who releases these |
parties, Captain Arata states that they are |
turned out on the order Of the chief police, !
and sometimes the detectives turn them out |
upon asoertaining they are the wrong par
tres. Then they are held subject to the will |
of the chief-of-pohce or detectives, was /
asked Captain Arata, who repliedi O. cu't |
ives. We hold that the police have theright
to arrest and discharge the wrong party when
arrested. Captain Arata bases his |
opinion upon the following sections of
the Tennessee code: Section 5Q37. An /,
officer may, without q warrant, arrest per
SOM first, for a public ofense committed, or
breach of the peace threatened in his pres
ence; second, when person has committed |
felony. though not IN his presence; third,
when a felony has, in fact, been committed,
and he has reasonable cause for believing the
person arrested to have committed it, fourth,
on a charge made upon reasonable aause of a (
commission Of {, felony by the person ar
rested" Code, section 503S, says: when
arresting person the officer shall inform him
of his authority, and the cause of the arrest,
and exhibit his warrantif he has one. exc---1,-Jt
when he is In the ACTUAL HoSS71ilmission of the |
otense, or Il pursued Immediately after an /
escape /
The above mar Ia correct but as to the |
method of -disposing of parties arrested and 1
committed without warrant or charge, the |
captains Of the police force are requested to |
read and observe the following rules rela-
tive 10
THE sTATIoSHOCsE.
In the police manual, rule seventh, relating /
to the duties Of captains, says: They viii /
keep an accurate record of all persons ar
rested and brought to the stationL Louse in
custody. On such record shall be entered the