The daily gazette., 1881-10-13
FIRST EDITION.
CHAs. ALLIsON,S ARxAsT.
A Police Court Case that Exe;tes
More than the Usual Amount of
AftentlOu

More than the Usual Ame u mt o
Attention..
A case involving some interestins
points az to the rights of citizens, wa,
developed at the police court hearing,
last evening.
Just before the 4 40 train for Baltimor.
lelt this city. yesterday afternoon, there
was row OF considerable proportions In
ono OF the cars, du ng which ono OF tn.
naf.ioipanis drew q revolver. but fortu-
Oately no shots were fired. The conduc.
or called special officer Wm. I. Jones
ABOARD the train, and designating one OF
,ne naio pat enRers ss the chiet rioter
requested the OIL 'sr to remove hun. OF
facer Jones complied, anu not only re.
moved the man I ON the tram, but to Ok
nim TO the police station and locked hin
up.
ATT O'Clock in the evening the case
came up Tor q hearing before ActIuR
Mayor o'Neiil. The prisoner gave his
name e3 Cbss. Allison, OF BROOKLYN. N .
| T., salesman for the American Tea Com
| pAby, AMI SAID he was on his way to
| Yorktown, to attend the Centennial eel
| ooiat on. He was represented by Harry
Shaipley, Il, g., but officer Jones said The
copductor OF The train had gone on TO
baitimore, and would not be back until
morning, and that the only evidence he
could give In relation to the care was
| what he had been told.
Counsellor Shsrpley objectsi to this
evidence, and to the fui ther detention of
Tue prisoner, whose arrest, he claimed,
was Illegal He demanded his cliont,s
Immediate discha ge, and in support OF
MS position quoted the following from
the statute laws OF this State:
III any person or persous shall, within
the limits OF this State, arrest, or Cause.
procure or aid In the arrest, OF auy white
ciuzsn OF thus State, or ofany white nom
resideDf, being at the time within The,
tlmttfof TINS State, unless such arrest
shall or made upon legal process Issued
tor that purpose by Judge, ju,tics of
he peace, or some other officer duly au-
thorized to issn. proc ~ iu criminal or
CIVIC proctdare by the laws of this State,
or OF the United States, or unless such
arrest be made to prevent a breach OF
the peace, or the commission OF some
crime az al nst the Ia VIZ OF ibis State, or Mt
The United Sta'es, and u all cases W here
arrests shall bs made 10 preven: breach
of the peace, or the cumlntasiop of some
CRIME against the laws of this Slate, q,
The U uned STAGES, the person or persons
30 arrested shall be forth with, and with.
out any inte' T ediate Incarceratlon.
taken before judge, istice OF the peace
or other ofhcef duly authorized to Issue
process In criminal cases, to be dealt with
according to the course OF the commop
law, or OF The statute In such case made
and provided, and shall bs relea, ed from
imprisonment and ar est unless then au,.
ttore duly charged on oath or affi rma.
ton, and II 80 charged shall be ballsd, II
the cfse b. ballable. or otherwIse dealt
with according to the course OF the com.
Don law, or Of The statute In such Case
made and provided, n n Y
such psison or persons SO offending shall
he guilty Of f-l"nv, and drUu conviction
thereof, shall o fsit aud pay a Inc OF
no less tDau 5000 or more than $4,000,
and shall be imprisoned not less than six
months nor more rban two years"
Acting Mayor O'Heiji, however, fol- |
owing the usual precsdent insucb cises,
remanded the prlsoHe. for hea Ing in |
tho morning, despite the protests OF the |
counsel. Mr.. Sharpley then determined |
nDOn seeming his clients releass by n |
writ OF hdbeds corpus, but the absoDce of |
j udge Wac, from The city stopped iuI-
media proceedings In this dire ctioD.
Later Councillor Sbarplsy returned to
the + ol,ce station and dem anded of Ser
geani Doian, who was scilng as Chief of
Police, a copy of he warrant on which
hts client was arrested. at the same time
trnuering half dollar as fee for the SER
Woe, and quoting the following Law for
bis demand
"I any officer, or his deputy, shall
neglect for six hours after demand to de-
liver true copy OF any warrant or pro-
cess, by which he detains a prisoner to
any person who shall demand such COPY,
and tender a reasonable sum for copylne
tue same, such otficef or deputy shall for
felt snd pay to such prisoner $500"
The Sergeant couli not comply with
this n quest, as no warran. had been Ia.
sueu III the case, and 80 informed the
Esquire ONeill offered a tran
script of bis docket, but this Mr.. Sharp
ley refused 10 accept, and In this condi
ton the case rested until this morning.
WHAT THE PRISONER SAYS.
Alhson's statement, IL trae, ma kes him
a much abused mau, INSTEAD of violator
Of the law. de says that when the train
stopped at the depot here he went into
Lhe re- taurant, got some refreshments.
and then went back TO his seat In few
seconds. thereafter han came along aud
claimed the seat he was occupying. In
,fincuvely he raised himseH slightly.
W woereupon the other mas, a stranger,
with him, and sharp struggle
snsued, dur, 1g which the stranger drew
and 6onrisbed a revolver. TIE affair, by
ms tune, bad 'eated q eat excitement
q the car, ana dozen or more people
crowded about the two men The train
hands lily settled the contest, and the
conductor Sed Aiiison to step into a
ear car n order to be away from his
IN, agonsst, VII ch he did, but was after
yards, by the conductors order, remoy-
,d by officer Jones, who also locked him
lp.
Allison claius that his watch, q gold
me, was stolen from him during the
truggie, and the fact of his watch chain
howing evidence of having been rudsly
,roken attests ,he ruth of his st .temept,
He b ad no revOlve. about him, and his
condition is such as 10 Indicate
hat he Is what he claims TO be-the ae-
.riey I'D i stead of the aggressor. ,
THIS MORNINGS DEyELoPMENTs-A
ooNFLlcT OF TESTIMONY.
Allison had hearing before Mayor
Almond at o O'Clock this morning.
Special officer Jones sa' d when he ar. /
ested Allison, the latter put his hand
'ack to his hip pocket, and at the same
lme said 10 some ore, ,"draw your gGn."
On cross-examin inatioL he said he saw
Allison commit no breach OF the peace
,eyond bo.slerous talking. lie searched 7
he prisoner, but found no weapons !
lpon him.
Conductor James II. Jones said he =
leard the fuss in the smoking car just as ,
he train starred Wbereapon he imme- |