The daily gazette., 1879-09-18
FIRST EDITION.
A ID IL z RY FARCE.

CHARGED THEM WITH NEGLECT
ING TO PERFORM THEIR DUTY,
PROVE THAT THEY DID PERFORM
1T.
Esquire John G. Coles office, at
Third and Market streets, was a centre
of attraction, last evening, from 1870 uu-
til 10 O'Clock, the occasion being the Ii, al
ing OF Coilstab.es Hickman and Brooks,
Oh the clare es of neelecting and refus-
ing TO perform heir duty, in not arrest
ing persons for whom they had warrants,
when they were pointed out to them.
The crowd commenced to p jur in
about o'clock, and in about twenty
minutes the Office was crowded to reple-
ton, while outside a struggling mass of
humanity pushed and crowded around
the doors and windows, in an eager dc /.
sire " see what was going on inside.
About 7:30 o'clock little stir of ex..
citement was occasiOned by the entrance
of Antony Higgins and Edward G. Brad
ford, Jr., Esqs., who pushed their way
through the crowd, and took seats inside
the railing. 1t was well-known that
they desired to appear as prosecuting at
torneys, thought MIR. Higgins was also a
witness in charge against Constable
Hickman.
Shortly Afterwards, Charles b. l. re,
Esq, counsel fer the defense, entered,
and preparations for commencing the
dreary farce were made.
Attor ey Higgins looked around for
one of his witnesses, who was none
other than Mr.. Wm. r. Croasdale, the
editor of the Every Epening and Com.
mercidl, but he could not be found, as
he had gone to Philadelphia during the
| day. Constable Pritchett, who lad
charge of the writs, sa d that he had
been given 10 understand that all the
State witnesses would be present and
lie said he need not hunt them out.
Mr.. Higgins looked around for some one
to send after the absent witness, but
Constable Prilchett performed this duty,
and soon Afterwards reported that Mr.
Croasdale was not at home.
This case was then passed over, and
| Constable Hickman was arranged on
the charge preferred by Samuel File, of
neglecting to arrest one VIM. Reynolds,
for whom he had a warrant, when the
said Reynolds was pointed out to him.
Mr.. Lore first asked the'Justice under
what statute or law the proceedings were
takei, as he would like to see the all
thority.
Mr.. Higgins commenced to enlighten
the counsel for the defense, but Mr.. Lore
| objected to him speaking unless he was
duly authorized TO represent the Attor-
ney- General on behalf of the State.
Mr.. Higgins said the reason he offered
| to answer Mr.. Lore was because he was
concerned in having the complaints
brought against the officers, and being
partly responsible he thought the defense
would like to know upon what advice
the Justice acted In countenancing these
cases. This was the reason he pr sumed
| to answer for the Justice, who was not
supposed to be thoroughly yersed in the
| law.
Squire Cole responded that Justices
of the Peace, in their official capacity,
did not seek the assistance ofprosecu ing
attorneys, but performed their duties
under s,.ch light as the Revised Code re-
fleets upon their official pathways. In
cases where they are unable TO decide,
they can send the cases to a higher court.
In answer to Mr.. Lore, he gave the au-
| thority for these cases in section 10, chap
ter 81, Revised Code, in relation to the
jurisdiction of Justices of the Peace, and
also section 2 of chapter 10, volume Ii,
Delaware Laws, which says: "lf any
| Constable that has
been or may hereafter be appointed by
the Levy Court of New Castle county.
shall refuse or neglect to execute any
process issued by Justice OF the Peace
residing in the city of Wilmington and
directed to him, he shall be deemed
guilty of a misdemeanor, and shall forfeit
his office and 1t shall be the duty of any
Justice OF the Peace that he shall have
so refused or whose process be may have
neglected to execute, to pr sent any sucl
refusal or neglect to the Grand Jury, thai
the same may be inquired into."
Justice Cole thought this law gave
color and plausibility TO the proceedings
in this case.
Samuel File was then sworn and testi
fed that his attention was called to VIM
Reg nOlds, who at the time was passing
up Market street; witness went up tC
the City Hall and there found Constable
Hickman he asked him If he had a
wa rant for the arrest of VIM. Rey nolds
and Hickman replied that he had; ".then'
said the witness, "there he goes up the
str ct :" Hickman replied an attend tc
you in a minute" and resumed the con.
versation he was engaged in with Other
parties at the time. Reynolds went uI
the street and stood in front of the tea
store four or five minutes, after which he
disappeared.
On cross-ex animation witness said Mr.
Hickman did not refuse to attend to his
notice, but said he ,could attend to him
Witness remained near the hall for foul
or five minutes, but made no further re-
quest of the officer. He thought, how
ever, the officer had plenty of time tC
make the arrest had he been disposed tC
do SO.
Thomas Cloud testified that while
standing in front of Adams & Bros store
he saw VIM. Reynolds 60 past, and point
ed him out to Samuel File; saw Rey,
nolds stop in frot Of the tea store;
guess he stood there aquarter ofan hour
On eros examination witness said III
did not know how long Reynolds stood
in front of the tea store, and did no
know where he went; witness said HI
did not say that Reynolds stood in from
of the tea store for quarter of an hour
but that he (witness) was in front
Adams & Bros store for that length o
time. --...-
Patrick Neary was called as witnes
for the defense, but before he was sworl
Mr.. Higgins arose and stated that b.
f thought person who was prosecute
had a right to be represented bj counse