Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-04-14
TT DIDN'T STICK.
Bush. the Alleged Craftsman, Can't be Held
on a Telegram.

Bush, the Alleged Craftsman, Can't be Held
on Telegram.
Yesterdays GLOBE left off with A. 81. Bush's
case at the point where writ of habeas corpus
had been issued, made returnable before Judge
Wilkins at IL o'clock the day following. At
II o'clock the parties interested assembled in
Judge Wilkins chambers. Mr.. E. G.. Rogers
appeared in behslf of the State at the request
of County Attorney Egan, who was compelled
to depart for Litchfeld. Mr.. Granger was in
attendance in behalf of Bush.
MIR. Rogers began the argument. Prelimi-
narily he explained his presence as the county
attorneys representative. Following which
Mr.. Rogers addressed the court in forcible
argument to show that the prisoner should be
held. But predatory to this he submitted
telegram just received by Chief Weber from
Superintendent O'Donnell, of Chicago,
saying that Bush was wanted and
stood charged with forgery anu that requisi-
ton, etc., would be forthcoming. Mr.. Rogers
held that Bush being charged with forgery,
which was constituted by the statutes of this
State, afelony, that he could at common law
and under the statutory law be arrested with
out warrant. This point was well elaborated,
and our statutes further authorized the arrest
of party without warrant, who might be
suspected of felony, when in fact felony
ton was entertained that the party arrested
was the party who committed the felony. The
rslator stood in this position, and therefore all
that remained for decision was whether he
could be held for reasonable time until proof
of the charge or necessary papers could be
forthcoming. As to reasonable time or what
constituted it Mr.. Rogers read at length from q
decision of Judge McMillan's In a case where
the sheriff of Steele county had arrested
fnn tIVynf 10 nnfu md
where the party was detained five days. The
court (Judge McMillan) on suit subsequently
brought for false imprisonment, held that this
was not an excessive illegal detention.
Counsel further held and cited from the de-
cision to show that arrests were authorized
under circumstances exactly similar to the
case at bar.
The telegraph, as means of customary COM
munication between police officers, etc., was
alluded to- and it was contended that Bush
was the person wanted, and that a felony waa
charged against him for which he should be
held for reasonable time or until such time
as the requisiaion, which was said to be forth
coming, could expeditiously reach this city
from Chicago. Mr.. Rogers spoke briefly and
polntedly, and embellished his position with
reference to and quotations from the law.
Mr.. Granger, in reply, confessed to surprise
in the second telegram setting forth forgery.
Presumably Bush could not be held on the first
telegram received, which merely requested his
arrest without assigning any cause therefor.
Counsel apprehended that the second dispatch
was equally indefinite, as it merely named for
gerry as the offense, without giving particulars
or even saying there was a warrant for his ar
rest on such charge.
The court remarked that he would take the
case under advisement, and give a decision at
clock.
The court, without any preliminary remarks
declared the telegram was Insufficient in infor-
nation. 1t set forth no particulars whereon
an affidavit for a warrant of arrest as provided
for in the statutes could be based
Gould reasonable belief that a felony
had been committed he enter tanned from the
meagre information given? No particulars of
the forgery, nor even statement upon whom
the forgery had been perpetrated was set
forth. The court confess that under certain
circumstances the escape of criminal might
be facilitated by such an Interpretation of the
law, but the statute expressly provided for an
arrest without warrant, when "a reasonable
belief was entertained that felony had been
committed and the party arrested was the per-
son who had committed it. The papers in this
case furnish no grounds for such belief, and
the relatOr, therefore, stands discharged.
Bush didn't stand upon the order of going.
He had become very nervous man, in fear of
detention, and when he got his freedom he took
to the street to enjoy it. 1u company with
Mr.. Granger he started down Third street,
turned corner. got out of sight, AS he will out
of toWa just as soon as he can.