Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-02-07
A NEW DEPARTURE.

Judge Dixon, OF the New Jersey Supreme
Court, on Friday last delivered an opinion
which is regarded a new departure, as it
overturns all precedents in that State and in
New York. Judge Dixon decides that no
policeman can arrest, imprison or search q
person without warrant, unless the offense
actually occurs in the presence OF the officer.
A drunken brawler named Smith insisted
that a wealthy citizen named Aaron Van
Blarcom owed him some money, which of
course was a false claim, and payment re-
fused, when the drunken swindler knocked
down his victim aud beat him most unmer-
cifully. Officer Powers arrested both. Van
Blarcom was guilty of no crime, accused of
nothing, was a man of wealth, GOOD citi-
zen, but in order 10 secure his appearance as
a witness be was forced to endure, in addition
to the severe punishment he received, the hu-
initiation of being locked up in a dungeon
among felons as a prisoner. He sued
for damages, and Judge Dixon, in rendering
his opinion, said:
ut il with difficulty can suppress my in.
dignatioD, although L ask the jury to sup
press theirs. There is no excuse for putting
such an indignity upon any citizen. His
pockets were emPiied. He was locked up. i
know the practice, but know no law which
gives any officer any right TO put his hand
in any mans pocket until proven guilty Of
some offense. He could not see how such
liberties could be taken with citizens. Even
il a man is prisoner and in the dock, and
on trial for murder, and believed 10 have
weapon in his possession, 1 do not believe
the court has the legal authority to disarin
him. The person. accused can only be I'M
armed under a plea OF extreme necessity.
He stands innocent until his guilt is proven,
be his crime great or small. The court gave
Van BIarcom 500 damages against the Of
fcers. He warned the officials of his Judi
cial district that they would be individually
responsible in every instance in which they
overstepped the bounds Of duty; that cases
Of search and charges OF assault and battery
could be made against them"
The New Jersey Judge manifests more
feeling in this case than becomes one occu.
plying his position, and his views may be re.
garded as extreme. Bat check should be
placed upon the growing habit OF dragging
innocent men about the streets as if they
"eAC Cuipiites MI AL OtdICOH WhS SUI"
iected to great indignity. The bosom of his
family was the proper place for this man suf-
fering with the wounds inflicted by drunken
bully. But he was made prisoner without
a crime. The law teaches that il is better for
ninety-nine murderers TO escape than 10
execute one innocent person, and the same
number of thieves and bullies should be per.
mitted TO escape rather than make prisoner
of an innocent man. The laws delay is the
criminals only hope Of escape. But speedy
trial should never b, secured BY
making prisoners of witnesses-good
men, guilty of nothing save The
misfortune Of falling iuto the hands of
drunken bullies. No man should be re-
strained of his liberties without due process
OF law. The bruised and battered person of
Van Blacrom, writhing whole night in a
prison cell, speaks trunpet-tongued against
the practice of locking dungeon doors ON
men incapable of violating the law. The
slow and tedious process of procuring war
rants will sometimes permit law-breakers to
escape arrest and punishment, but the ais
rest and imprisonment OF the innocent is a
still greater evil.