The daily gazette., 1883-09-17

3HfFF F<AAe,AA " ttbHfAAB AyIuNt VIII n MT
Bates made the Fequest writ of habeas corpus
could have been procured and the prisoner
would have been released. No order of the
ChiAf couldrmake . misdemeaAOr and no
xaaritcau be arrested tor disorderly conduct i
without AarrAnt.k The Chiee had perfect |
right TO exclude the crowd from the hall but /
when tn, man was taken to the door bis |
conaaet was NOT disorderly aud eEsa after |
wsttiug forsa minute aaef telliGk him TO go
awayhe offered pc Tesishale eSpdmesely ssld:
~ would like TO see you arrest me-" This
does not constitute Q misdemeanor and IS
not very disorderly conduit. After some
| f,iFther remarks from the Solicitor, the
Judge asked Officer Turner If wished 70
make statement, to which he replied, II
4 don't thfnk it's any use," and Was going to
proceed when spme one nudged him and
he sat Gown and Chief Hawkins got up ana
said, "The City Solicitor In his remarks
said the officer, in case o. this kino, mas
4 nj right to aiaiSe an arrest Withont war
PANT II he is pot justified IN making In
case of this kind 4 would hke TO know what
he is to de. He could not leave his post TO
\ S0fticef Farmer here idterpioeed the remark
that, "Had 1t been ON the street would
have done different, but, when he
COMES ito oart office and aets
disqrderlg, 4 think have
right TO arrest him wi hout q warrant"
a n Judge Cummtus said: Had Crute only.
been pSt out there W ouId have been no war
rant issued. Officer TpFneF wee not in
structad to arrest and lock up men he was
told TO keep the crowd out Of the corridor
There were plenty of officers at the Hall TO
keep the crowd out The testimony Is that
: Crute followed Messrs. Bates and Gray,
! and had gotten partly up the
stairs Il leading to the room where
Taylor was lying when Officer Turner
, pulled him down. 1t don't appear that Crute
u lin ade any resistance. When he was taken to
J 1.-The door leading out df the Hall he was
70 told that he would be arrested II he did moi
:, 20 away, To comply With the rules o. ths
y Chief Of Police itwould have been right FOL
y the officer to use just sufficient torcs
y to have kept the man ou'
= |, but he had no eight TO srrest the man from
!. what took place according to the testimony
y :. think the officer thought he had q perfect
r. right to make the arrest but an officer 10
N conseryator of the peace, and his duty IL II
"a preserve the peace. There is nothing 2
~ show that there was any resistance ofiere'
~ ~ nv Crute and as the officer thought he wa
=. =, doing his duty will make the fine as ligh
~ ~ as possible which will'be 81 and costs.
n 'lJudge, Iwant 10 ask one qestion," !" sal,
:. Chief Hawkins. He then began In round
'tt' about way to ask what officers were to d
In | Rnen stALlOnbu III y pihCS to hOop bhf S'OW
- -. back and man persisted iu forcing himse
nd AZ in aud acting dsorderly when he was pt
Gu out, and threatened the officer and dare
10 @ the officer TO make the arrest AS II
~ ,ro question did not bear the slightei
H. resent bIanee to the case in question 1t wi
~, ,t not answered and officer Turner was asks
~, if he wished TO push his case against Cru
W ny for disorderly con uct. Chief Hawkin
'p with Il eontemptuous smile said: SNo uss
a - and officer Turner remarked the SAME.
49, Chief Hawkins then began In most d
o+ respectful manner TO give his opanf
~ w.. of the way the case had go
l.ss .s and wound up by saying.''If we can ent
" ~. security we VIII take this case to hlgf
a. court1 When told that the sentence of
,rne court was final the Chief said be would II
'I ~ to take the case to a higher court, as th'
has was no disposition to protect the officers
m, this court. 5+ti
ng Judge Cummins said "It is the di
ho Of the officers of this court
protect the rights of all persons, the ofiic
up as wen as Ie lowesS Stt nu thot w,,I he 9or,
Ut ~ just as the Chief was leaving the co
w." 80 room he said, 81 didn't think 1t was nee
.tn'. sary to hav, lawyer, for the case was
,na7, perfectly plain in our opinion" Then tu
~ J. ing to w. K. Long, repo
Te.n of the Republican, the Chief said
t, "A loud voice so that all co
/, H. hear him: "Mr, Long, just give the pee
onIa notice that the officers have no right to
with rest any person being disorderly
:, =, crowd or of a. person who co
: 'o,ss to your house," and after unload
isg rdey himself of this worthy remark he adjour
~ ss to the police station and subsided to all
dnI tents and purposes.