The New Orleans bulletin., 1876-02-24
THE PEOPLES WRIT TRIs
UMPHAxr.
Supt. &sar, &nA Capt. Gray Sext @ she
Parish Prison c0r Contempt Of Couys
BY Acting Judge l6anes fJv b.
@easina Prisoners
Both Payises are &fterNarGs Released b3
q Judge Culfou, on q 1rn Of Hahaas
Corpus.
Ne Mates siaaliy serted


Tho y1yss Municipal Police Ccasetssnae
long before the appointed hou9- o'slocls-
set aside tor The case OF contempt against
Capt. Gray. was crowded with parties anxious
to sec whethes he would be committed to the
Parish Prison for contempt tot fefeasing &
young tpap named Lyons, who had been ar
sested by one OF his officers. and whoappeared
in court the 2exs morning when ehe case was
called.
An attachment vas also issued Tor Superins
tendent Loan for seleasing man named Gale
laghes and another party after &e had beea
ordered not to release by tho Judge
Htthe appointed hour Superintendent Loan
and Capt. Gray walked into court, accom-
panied by their counsel, Messrs alex. Dali
sheimer, w. r. Whitaker and H. J. Campbell.
The first case called was that OF Capt. Gray.
Mr.. Whitaker asked the Court what he was
charged with, and Judge Adams answered,
"Hs is charged, sir, with contempt of this
Court in releasing prisoners"
Mr.. Whitaker asked the court in what
case. Judge Adams replied, Gin the case of
one Lyons, where he released the prisonef
without authority, after this court refused to
let him out The only question is, that he
did release MI. Lyons without authority, and
l think that once prisoner is arrested and
brought to Jail, the court only has right to
release. I have formed my opinion, ana
know what the law is cn the subject Of releas-
ing prisoners. 1t is useless to read it to me
I know it by heart"
Mr.. WhiIaker-The question is, has your
Honor any control over prisoners until they
are turned over to the court?
Judge Adsms-I know my position. When
gave orders to the precinct commanders not
to release prisoners they should have obeyed
my orders, which they refused to do when
they released these prisoners
Mr.. Whitaker stated that the Police Board
was the proper party to punish the Superin-
sendent OF Captain if they acted unwisely or
wrong OF in violation of the law. I contend
that the Judge himself is not authorized by
law TO eelease and the police run the risk Of
losing their positions Of being fined by 4he
board Is they sce unwisely OF do anything
out of the way: and, if they fail TO produce
the prisones in court at the appointed hour,
when their Games are called, she police are
bound to produce them. After the prisoner
j. turned over the court has full coptr:oh and
before that time the police bave the same
power; and. il $he party - released WRONG.
fully, there is place xhese be can be pun
jshed.
Judge Adams Il is befoee ehis coort.
II you can show mo any law that authorizes
the Superintendent or Captain Of Police to
eelease prisoners, ! will be satisfied. but NOT
until then. Z think that am che only patty
authorizes 70 selease a prisonef. tthink .
judge is judge whereve4 he IS.
MI. Whitakes.The police take Che fespoh-
sibility Of seleasing parties in their custody,
and when they produce them in court when
-, lo1 khoA :uo NJ d ho
court wants.
The JudgeWhea she9 DO aOi produce
them?
Mr.. Whitaker Then son nave tho proper
femedy. The law gives your Honor no con-
troll over the Superintendent or Captain.
Messrs. DalsheimeR and Campbell argued
that no contempt had been committed and
that ne had no right to send them down for
contempt in refusing to comply with his
order. The Grand Jury Of higher Court
was the place chat the matter must be
brought before il . wrong had been come
mitted.
The counsel then informed the Couft that
it was useless to 60 over the same ground in
present.
Judge Adams-I don't care II sic as judge
of this court for twenty minutes, but while 7
am Eere I am determined that the court must
be respected. Capt Gray. believe told
you before when was in the Fourth District
that if you released prisoners would send
you to Jail. I think you have disobeyed my
ORDERS and committed q contempt of this
court, therefore sentence you to imprison-
ment in the Parish Prison for twenty -four
hours. Mr.. Superintendent you yeleased
Mr.. Gallagher and another party?
Col. Loan-Yes, sir.
To T n AN~N o.
the Parish Prison for the same period. will
take both of your words that you will go to
prison. have no malice in the matter, and
don't want to send you down with an officer.
If I have no right to send you gentlemen
down, don't want it.
Col. Loan and Capt. Gray jumped in ahack
and drove down to the Parish Prison. where
they we're both confped for about half an
hour, when q writ of .habeas cofpus was
served on Capt E. B. Pegram to produce
them before the Hon. E. North Cullom, Judge
of the Fifth District Court.
Mr.. Dalsheimer, Immediately after Judge
Adams had sentenced them, appeared before
the Fifth District Court and filed the follow
ing petition for q writ of habeas corpus,
which was served on the Sheriff by ME- DaL
sheimer:
To the Honorable, the Judge OF the Fifth Sis
trict Court Of the Parish OF Orleans:
The petition of w. F. Loan, of New Or.
leans. respectfully represents that he is ille-
gally confined and deprived of his liberty by
one E. B. Pegram. keeper of the Parish
Prison, who holds petitioner in such confne-
men. upon an ordey issued by the Hon. L.
Adams, acting as Judge Of the First Munich
pal Police Court of this city; and that petite
toner has been 40 committed UPON charge
of contempt to said Judge Petitioner ayers
that his said imprisonment is wrong and fslses
upon the following grounds, to-wit:
l. That the Judge. L. Adams, is hot 0omo
petent to sit as the Judge of the First NUM-
cipal Police Court, because he has no xesi-
dence in the district overwhich he pregides.
2. That he is no party to any suit pepding
before the court over which he presidem
8. That the only court that has powefso
commit for contempts must be q sevft OF
record, which the saidscourt is not.
4. That the police have the sole custody OF