Daily Republican., 1883-02-07

without a warrant. He contended
they had, no man was safe in walkin
the street, as he was liable 10 be arreste
at any moment.
Mr.. Vandegrift continued his argu
Inent to the jury, and said that Charlie
Deitz was the smallest factor In thi
case.
This was matter that concernet
every citizen, and he wanted the fac
established that police officer had NJ
right to n.ake an arrest for a misde
meanor without a warrant, unless he
seen it committed.
He reviewed the testimony, and said
that it had been clearly established that
the arrest Of Mr. DeitZ was an unwar-
ranted assumption Of authority. He
did not think that Mr. White was
guilty Of any offence, and was satisfied
TO let the case against him drop
The Chief Justice charged the Jury
that during the late civil war We had
been under martial law, and became
accustomed to arbitrary arrests, but
those days have passed away. An
officer in making an arrest for certain
offences which he does not see commit
ted, must be armed with warrant, but
there are other cases, where he may
arrest without a warrant. He did not
think the officer was justified in max
ing thS arrest at the time, as il had not
been shown that the officer saw him
commit the act, but had relied on in
formation furnished by others.
StiIl, if Deitz had no right to vote
tit, ,It Il
aw him vote illegally, he had a right
to arrest him, but, unless he saw him
commit the mislrmcanOr, he had no
right to arrest him without a warrant.
II was an act of arrogant assumption
on the part of those at the polls to order
his arrest.
If the man did vote illegally and the
officer knew it, he had a right to seize
and hold him, aud call on the crowd to
assist him if necessary.
In the case Of great political excite
ment an officer might be excused in 60
ing IA little beyond thektrict line ofduty,
especially if by so doing he could b.
able 10 prevent disturbance at the polls
The Chief Justice closed by instructing
the jury that nothing had been shown
to impicatr White, and they should
take the testimony and act upon it,
They could bring in verdict Of guilty
for one, or all of the other defendants, or
they could render verdict of not guilty
for all.
The charge Of the Chief Justice,
which was exhaustive, and clearly de-
fncd the law relative to making ar
rests, closed at 40 O'Clock, and the
jury retired.
The counsel for Harrison Rothwell,
the cOlOred boy indicted for breaking
into William Causes office on the 24th
of December, stated that he was willing
to plead guilty to larceny, and the
Court, on account Of his youth, agreed
to accept the plea. The Chief Justice
then asked Rothwcll if he bad ever
been before the Court before, and he an
Sw"rrd with broad grin that he had,
"What for" asked the Chief Justice.
"F"ra watch, replied the prisoner.
~" was then sentenced to pay the
cost of prosecution, - cents restitution
money, undergo an Imprisonment of
>iN months, on next Saturday receive
=" lasheS, and after the term Of impris-
y
jacket for six months.
Theolorr Iicroloc, coorel, was ar
raigne'l and plead not guilty toan in
dictnent charging him with the lar
""ny of tw" chickens, the property OF
John Moody, Of st. Georges Hundred
He was thcn arlaignrd for the larceny
Of two bushels of corn, the property of
Jacob 5. Hawkins The prisoner
plead guilty, and the States Attorney
entered noll" pros. in the first case.
\ jury was then drawn to try the
ease of john Collins, charged with com
Initting an aggravated assault and bat
terry Oh his wife. Lilburn Chandler, ,
ESD, appeared for the State, and Aus
in Harrington, ESP, for the defense.
Mr.. Chandler opened til" cASe to the
Jury, and said that the witnesses could
ell the particulars Of 1hi, ca>r better
han Ii" could. He would say, however,
hat even now, notwithstanding the way
n which til" man had used her, tn,
wife refused to come here and testify |
against him.
William j. Blackburn sworn, and trs-
flied, that on the 24th of last December |
Ie was on a Front street car, and when |
lc reached Madison street. some women
allied to him and h. left the ear and ,
vent up an alley, where he saw IA man
II IA yard with Il babe in his arms.
There waSa woman lying on the pave
ncnt, and the man was drawing water
rom IA hydrant, which he was throwing
N her. The woman had the appear
nee of having been badly beaten. The
witness could not get in the gate, and
E, rnt aroTnd and through the house.
lie arrested the man and took him to
he hall
Cros>-examined by Mr.. Harrington:
he woman might have been drunk but
lon't think she was had no warrant
Or the arrest of the man.
Elijah Barton testified that he did
ot see the man strike her. but heard
rr groan and saw the fence shake.
Vas acquainted with Mrs. Collins,
nd had never known her 10 drink amy
ind Of liquor had known Of Collins
eating her on other occasions pre-
louS 10 this.
The Court at this point discharged
Ir jury, and continued the ease until
lis morning. At 5.45 the jury in the
cctiOn ease came in, and rendered a I
rrdirt of guilty in the case of David
ennis, Hugh johnson and John =,
Ostlc, and not guilty for White +
Court then adjourned until 10 o'clock ,
lis morning. :,
New Way Of Advertising.
Mul.n X Son, 9th and Market, think
,itI n a h,i