, 1879-07-20

sftIaA4eteT ula5 ot 5at0 10 nave sounded the key.
note Last November raid was made on Mike
| McDouald's premises, during the course Of
which his wife shot ut and wounded one al
the of1icers+ She was arrested, and the case
came up On habeas corpus before Judge Nc.
Alltster, who decided that the case was one OF
] justitiable seif-dcfense aud discharged her. In
| this decision be said:
1t appears that this raid WAS planned and directed
by the Superintendent Of Police and that Tie per
obeTlng the orders OF their superior officers II
also appears TINT on Oct. 4, 1878, a warrant, on
complaint o! policeman, wns issued by Summer
| field against Michael e. Mcdonald for the alleged
ofense or keeping common gam,ng- houee. Al
though this party was,thcre every day. no attempt
Was made to have it executed: aud. Nov. II. com
party for the same charge before Morrison. and
smother warrant WAS issued by him. They wcro
neither Of them search warrants but ordinary State
warrants for an alleged past onense. Mcnael G.
Mcdonald was. on the very evening in question, in
view Of the officers having these warrants before
the invasion OF the prisoners apartments, but no
attempt was made to arrest him. and the lender oF
tile raid testified that they did not intend to arrest
him on either Earrant unless they found othcrs
gambling in the house. In that they in
structed TO arrest all under these warrants. 1t Ia
therefore clear that these warrants were not OBJ
tained or held for the bonn fdc purpose Of arrest
! ing II. Z. Mcdonald for the alleged past oHense
charged. In all the disturbance these officers made
no inquiry search for that party. Tue warrants
were mere prctcxt or suotesfuge for breaking in
Of iaw. which rendered every person participating
and cognzant OF tue purpose trcspasaer from the
! beginning. Slomer w. The People. 25 ILL.,, 70,
| Conaeqpcnily the warrants have no further effect
in this cAse than that OF agstayntlng the rescass
] and showing, with the other circumstanccs. the
rcasonablencss OF the prisoners appscnenslons OF
violence from those engaged In this high-handed
business
After searching examination, the evidence
failcdto show that any gambling was bcn: done
On the premises at the time In question.
When felony has been committed an author
lied officer may, upon suspicion supported by
reasonable and probable grounds. arrest the party
suspected without warrant. But in euch case it
would be unlawful to. enter dwellng-hopsc BY
force or without permission Of the occupant: In
can be justified except when the party is found in
the act, nor is it lawful to break into dwelling
house without warrant for the purpose OF finding
parties in the act OF committing n'lsdcn.eanors.
That section. however. forbds the forcible
t11nce OF officer into dwelling for the purposes
OF seizures without warrant issued in pursuance
It is manifest from the views expressed that all
the persons engaged in the invasion Of the prison
ers rooms were trespsssers,, because they had no
warrant authorizing such entry the search. The
warrants they had, not bein. for the bona dde ar
rest OF the party named but held for another pur-
pose and an illegal ono, afforded no justification
and conferred no authority.
1t was claimed by counsel for the city that, be-
cause some Of these officers had uniforms on, it
was the same, SO far concerned the prisoner. as
il they had full legal authority. am unable to
perceive why uniform should confer power any
more than fine raimen1 should confer yirtue. ON
cefs in uniform may cunsrtate mos, and their
1umult amount to a riot, just tho saule ~ IN IN
lawful assemolage OF men in rags and iilth.
1t is decided by statute in this State 'that justf
fable homicide is the killing OF human being in
the defense Of habtation against any person or
persons who manifestIy intend and cndeayor in
violent, rlotous, or tamu1tuons manner to enter
the habltatlon Of another for the purpose OF U.s.
saulting Offering personal violence to any per
son dwelling OF being therein" Here were ten
twelve men armed with pistol. club, and imptc-
Aay1fa f7T h1An 1f11n or 4hA
entrance OF the prisoners apartments; they were
without legal authority. and trespassers: they
were yolent and Unanimous; they assaulted and
mAltreated her; they were III the act OF breaking
into her apa4 .nents BY force; she bade them de-
part, nut they did not but persisted IN the nnsw-
tul attempt 10 enter, When she fred the pistol at
the leaders. Nobody was hurt, but, il the person
aimed had been killed, it would have been justi
fable homicide. because there is in tine facts every
statute.
These fundamental principles, which nnderfc the
doctrine Of individual rights under our Govern
ment. must be sieadfasty and undinchingly ad-
hered to and upheld II they shall ercr-bccomc SO
obsolete to be imperative, all that ia most val
uapc in institutions will be gone; md it will
be the fault principally, OF the courts that it is
The very OrHt thing which a judge ought TO learn.
and the last thing he should forget is that as be,
tween the private individual aMo Governmental
powers. upon whose probable abuses Constitutions
were intended as restraint. he shou1.i be ever
watchful and eocitous in guarding the individual
OF iteci for always gathering to itself
strenEth, cniarp1ns its sphere, with constant
tendency to ns!esson. Il can more than take % csre
power Of the City of Chicago, where the individual
personal rights Of the citizen IRE haoitualfy dsre
earded. to my certain knowledge Regarding this
case III justidable self-defcnBe. the prisoner
will be discharged.
The result OF these dicta, which the Supreme
Court has never inaorsed, and probably never
will, If they should ever be presented there in
any form-the result OF these declarations Of
u rhirh f},ks 1oafc1 Enfsn6 tn tnEn r0tirs
was that the superintendent threw up the
sponge, and because he could not suppress
gambling in his own way, said he would not sup
press it in any way: 1t is true, that the method
bersome one. There is no swift justice about it.
A gambler has all the chances on his side OF
the laws delays, OF corrupt Jurles, especially
III justice courts, and OF abducted witnesses.
Still no effort was made to do anything under
the existing law. Tie force, hampeFed and OBJ
structed BY the eo-called DECISION of Judge
McAlllster, refused to do anything, and even
in cases where gamb!ng-houses were open, and
where it was easy for them to have obtained
good witnesses to the existence of gambiuig,-
witnesses who could have swor7, out warrants
upon which all these gamblers. coulu have been
arres ted .tnd ultimately conyicted,-theT yet re-
fused to do anything.
THE MAYORS DECLARATION.
This gave confidence to these criminals, and
AlLl4E Wy 1ltk1C A0uSCa HE1EA
shut up were reopenca, or the gamblers who
Lad left for other cities returned to their old
haunts. The business was slowly reviVing
when, on the 10th OF May, it got another tre-
mendious boost. Mayor Harrison on that day
called before him various police officers aud
stated to them bis police policy, and gave them
an idea OF the course which they should pursue.
He said, among other things, as officially re-
ported by one Of his assistants, that lit was im-
possible to stop gambling. but should not be
earned on openly" This declaration, printed
10 all the Chicago papers, MAS carried to all
parts of the country. Every gambler who was |
here cut it out and sent it ~ all his chums, and
in short time, as some of the pcopi. inter- |
viewed in Yesterdays TRIBUNE stated, a swarm |
of the brethren Of the green cloth were rush. |
nr in here, each one having this particular l.
newspaper slim in his pocketboo!s- The old /
houses began running wide open, ami new ones
we're started and are starting every day.
The following isa tfuil, true, and particular''
list Of the known gamblinl-houses now in oper-
ation Ia Chicago every one OF which was In