Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-03-20
THE COURT HOUSE KIDNAPPING.
Parties Charged With Contempt.
Reese and Others Sent to Jail.

To-day, In Circuit Court No. /, Judge MacAr-
thur, the case Of A. E. L Reese, Detective Jos.
Acton, Officer John Howell John West, and
Deputy Sheriff Richie, of Prince George county,
Maryland, who it is alleged, were engaged in
an attempt to kldnap, or Illegally arrest, Syl-
case on trial against Christian Rupert, in the
Circuit Court, on Wednesday last, was called
cause why they should not be punished for con-
tempt OF court. The court said he was ready to
hear the answers of the parties.
ACTIONS ANSWER.
Mr.. COyle said as Mr.. Actions case stood alone
he would read his answer. He read from Mr.. AS
affidavit that he was informed by Mr.. Reese
that he would perhaps need his services later;
that the sheriff came to him about noon stating
that he wanted his services in arresting man
who had already been arrested and released;
that he took the sheriff to the District attorney
that he go to the Police Court, &C., and that he
did nothing In the nature Of a contempt.
OFFICER HowELLs ANSWER.
MIR; Dean, for Oficer Howell, stated that on
ne was informed a horse thief was at the City
Hall. and was told certain young man would
show him the party. He then went to the
courthouse aI6n use tn The young MAJ John West
court, Howell made the arrest, being entirely
innocent Of any knowledge that Mayhem was in
attendance attend on the court on their reaching
had been done, ordered the mans release. The
affdayits of MI. Rhodes, of the Police Court,
and Capt. Vernon corroborating him, were also
read as also a certificate of Major Brock, that
Howell was careful and conscientious officer.
KEESE's ANSWER.
MI. Cole, who with Mr.. Cook is counsel for Mr..
Reese, read his answer. Mr.. KeeSe'S affidavit
sets forth that Mr.. Rupert, having been ap-
prised that it was material to identity Mayhem
as the party named In the Maryland 1ndict-
sheriff would be the best witness, Mr.. r. re-
quested him (K.) to go for him. He started, but
being to late for the train, he concluded to
p9na in the case, which the marshal had dep
utized him to serve, he sent the dispatch at
tached to Deputy Marshal Williams affidavit,
he had done: Witness thought from the fact
that he had been deputized to serve the sum-
mons, he had the right to send the dispatch,
When the sheriff arrived he told atfiant that he
wanted to arrest Mayhem, and he told him that
1t would be necessary to obtain warrant and
suggested to him that he could take
the bench warrant and the Indictment
The sheriff suggested that Mayhem might get
away, and affiant said he would send for an
officer to watch him until he procured war;
aftiant and said that an officer was present,
affiant then told the officer that the sheriff
wanted him to arrest party, and told him
that that, ne dhe affianp would point him out. A.
sheriff and Mayhem were talking and ap-
preaching them he pointed to Mayhem and
said; He is the man" and to the sheriff "This
Is the sheriff." The sheriff remarked that
Mayhem had agreed TO go without requis-
ton, The officer asked the sheriff if he had a
bench warrant, and received an affirmative
on; follow me-" and Howell, Mayhem and
the sheriff passed into the ante room.
Af1lant did not see the arrest. and
going to Maryland without requisition, and be
did not know OF this until it was announced In
court; that on learning OF it he went to Police
judge desired the release of Mayhem. He sub.
mits that he did not counsel the arrest, and
submits that he has done nothing which would
render him liable for contempt.
The affidav1t Of Mr. [. P. Williams corrobo
rates Mr.. Reese as to having been deputized to
serve certain subpcenas, and as to reporting to
him gr. W. that he had sent dispatch to the
sheriff.
SHERIFF RrTCH1E's ANSWER
Messrs. Hill and Browning, of Prince George
county, Md, appeared for Sheriff Richie, and
received telegram to come to Washington with
the bench warrant for Mayhem. and he came up
In response thereto, not knowing Of the suit be-
to the court house, while he was in the court
room talking with Mayhew:the officer came up
with Reese and arrested Mayhem and the Off
and telling him he had, the officer told him to
go to police headquarters. where Mayhem was
released. He further says that he supposed by
NE NE telegram that MayneI was in custody here:
shows that the sheriff was not in contempt and
should be discharged.
JOHN WEST IN COURT
At this point John West, the only party vino
had not put In answer, appeared-Mr. F. Il.
Mackey stating that he was counsel for him
and was directed to file his answer.
District Attorney Corkhiil made a statement
corroborating Detective Acton as to calling at
his office for advice.
THE ARGUMENTS.
Mr.. Coyle, for Mr.. Acton made brief argu-
10 no int I,nv
a contempt.
Mr. Browning followed for Mr.. Richie, the
sheriff, and submitted that his innocence was
clearly shown.
Mr. Dean. for Howell, said that Reese having
been deputized to summons two parties he had
1nseI ted the name OF the sheriff and sent tele-
bring with him the bench warrant against Syl-
Vester Mayhem; all expenses paid" signing 1t
"a. E. L. Reese, for U. S. Marshal" He then
referred TO Reese having stated to Howell that
he was an officer OF the court: the officer natu-
rally supposed he was, and so did what he con-
sidered his duty.
Mr.. Cole, for Reese said that Reese was cor
roborated by Williams as to his having told
Ritchey that Mayhem could not be arrested ON
the bench warrant He referred to the afHdav-
it OF Benz. Joy heretofore fled as corroborat-
Ing him. He also claimed that the affidavit of
Mr.. Richie also coTroborated Mr.. Keese's state
ment; that Mr.. HowellS first affidavit shows
that he (H.l considered that the sheriff author
lzed the arrest He could see how the whole
thing came about, and that while it May have
been Ill advised it could all be explained. He
thought the sheriff was doing his best to secure
the arrest at the proper time; that an officer
was sent for to watch the party, and the mes
sage was wrongly delivered, and that even IL he
(H.) supposed that Reese was an officer OF the
court he should not have arrested him.
Col. Cook followed saying that 1t was at his
request that the sheriff was directed to be SUM-
nloned and be telegraphed to. His (Ks). act
was his cooks act In this matter. He went
further and directed II he had bench warrant
to bring it along to show 1t to the jury, and he
dad so. He assumed the responsibility up to
bringing the sheriff in the courtroom. He
asked was there any contempt? There was an
arrest in the ante-room it Is true, but is that a
contempt? This was the act OF the officer and
not OF the others. What authority had he to
make the arrest? He learned that this efrcer
globe and swept the ocean.
Mr.. Dean-That is about as near the truth IS
the gentleman gets.
Mr.. COOk.-His friend said be had been in the
navy. and If the gentleman did not know that
ships sailed the main, then he has less knowl-
edge than he had given him credit for.
The COurt.-PerbapS he belongs to the Pima
fore crew. tLaughter.j
Mr.. Cook proceeded to argue that the officer
made the arrest; that West went for the officer,
and not Reese, and he read the affidavit of the
sheriff to show this. He claimed that the affi-
dav1t OF Reese, supported as 1t is by Richie and
Williams, is entitled to as much weight as the
uncorr0borated statement OF Howell. He read
an addenda to KeeSe's affidavit that be did not
tell Howell that he was an officer or bailfn of
the court
VESTS AFFIDAVIT.