Weekly Arizona citizen., 1880-09-04
RELEASED.
Judge J. :. Woods Decision and Opin- ion in Granting the Release of T. ".
 Bennett on a Wri; of Habeas Corpus.

without sufficient legal authority. The accusation was brought under section g, page = of the Compiled Laws of Arizona, which reads as follows:
 False imprisonment is the unlaw- ful violation of the personal liberty of another, and consists in confinement" "r detention without sufficient legal au- iiorIty. Any person convicted of false Imprisonment shall p'y all damages sustained ny the person so imprison- ed, and be lined in any sum not eX- cceding i've thousand dollars or i'm prisonment in the county jnil for a term not exceeding one year"
 The facts as presented by the evi- dence are as follows: On the night Of tue llth of August last in the ely of Tombstone one Edward R. Peac, ok became noisy and disorderly (he being under the iutuance of liqnOD. J. W. Bennett, the defendant, who Is a pO- lIccman in said city, was present, aud as sucE policeman he requested Pea cock to be quiet. The latter persisted in his disOrderly conduct. Bennett, Al the request Of the proprietor of the saloon, put him out. In d short time ! Bennett, nearing a loud noise on the . ts- rrff md aa ls4 rasEG4l frnfrl , he uO.r Le saId Peacock, who was a friend of the complaining witness, : Charles Calhoun, either kicked at him ! or pushed hlm. Both Calhoun and l Peacock were talking ] ud Using viO- [ leut and rioIous language, and x large CruWd of persons had collected, cs l. mated from 75 to l50. Deputy Sheriff ] EaTp Was attracted by the loud noise ! and came there to assist in preserving : the peace. Bennett wHs tl iugt pac fly these two mIn aud told them taat ! il they dil not desIst he w-uld be compelled to sake them 10 juil. sub l scqucutiy, iailing t' -e-e>taOiiSb order by consolidation, Bennett arre tcd ] Calhoun aud Deputy Sheriff Earp ar- Ttsted Peacock, and they were taken : tO jail in a drunken condition and kept there until the next m rning. ] when deposit of Sl0 in one case and : $2U in the 'theT Was made with Ben ! nett for their appearance before Judge Gray al 10 O'c,Ock. Peacock appeai ed at the SpeCii iiied time, plead guilty and paid lis nne Calhoun dId not appear, but forfeited his recueniZancg and did ! not appear before any Justice until he presented the complaint iG this case before Judge Reilly.
 These are substantially the facts testilied 10 at the examination. There were four witnesses for the pToSrcI- ton, Calhoun and his COnfrcre, Pea cock, being the principal ones, while
 Benson and Smith, the other two, did not contradict any maIcriai pOInt raised by he defense. There were II
 witnesses f.'r the defense, whose teSti- monY is conclusive as 10 he conduct of Calhoun and Peacock on the occa sion referred to
 Articles l and of City Ordinance
 No. of lhe city Ui Tombstone, read sS follows:
 " ART l. It shall be unlawful for any person 10 be found drunk or guilty Ot any drunkenness, or drunken, noisy
 or disCrdeTly conduct within the limits of the village nf Tombstone, whereby the peace and quiet of the village or of my neiPhborhood, family Or per son therein is TT may be disturbed, or public decency violated.
 ART. 2 IL shall be unlawful for the keeper or proprietor of any bar,
 barr m or saloon, within the limits uf the village, he being there present
 tu permit any prOiane or obscene Ian guage [" be used, or any loud noises or boIsierou= conduct Io be made or com mitled by any other person IT pci~ons therein, whe eby the peace and quiet uf the vicinity Of said bar, har-room or saloon Is disturbed, or public decency or morality is or may be offended" IL is here made unlawful for any pCrs n to be drunk or di-ordcriy, or jn be guilty If any loud noise, uT 10 use any protane or obscene language, so as 10 disturb lhe village. or any neigh borhoud, family or any person therein
 II is also made unlawful for pro prieiOr nf any bar lu permit any such NhfiiAltlAl au AhtN AAl-Attll4A bl >hlOOL. These provisions are very broad and comprehensive, and comprise almost every species of disorder likely to arise from the influence of intoXica- tiOn or personal runtilct.
 Every peace officer is sworn to pro icCt the laws, and 1t is made his sacred du'y io see the law Faithfully executed Any neglect on hi~ part would render him liable to removal by indictment and prosecution.
 IL is the duty of every peace officer tn immediately arrest any person viO- lating the law. and ii the oFrnse k make said arrest without warrant, and any good citizen may do the same. Sections ll3, ll4 ll5. lie and ll9 of the complied laws read as follows:
 "SEC. ll3. A peace oifio CT may. with nut warrant, arrest person: First For public ofivuse committed or al tempted in hi- presence. Second- | When person arrested has committed felony. although not in his presence : Third-Wben felony has n fact heen ! committed, and he has reasonable cause for helieVing the person arrested in have committed it Fourih-On \ : charge made Il on a reasonable cause ] of the commission uf a felony by the | patty arrested.
 SEC. III To make an arrest. as J provided in the last section, the officer may break "pen any outer or inner , door or window of dwelling house, ] il. after notice oG his office and pur. : bose, he te refused sdmiItance.
 a" SEC. i5 He may also at night, without warrant, arrest any person ! whom he has reasonable cause foi be- l lieving to have committed a felony. anu is justified in making the arrest. | though it afterwards appear that fel- ony had not been committed.
 "SEC. 1l6. When arresting a person without warrant. the officer must in form hIm of his authority and the cause of the arrest, except when he Is m inc actual commission of public ! offense. or when he is pursued imme-