Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-04-09

amounts into the book and probably would not
ike the matter to be known. The witness WAS eN-
corning himself and denied nearly ali OF them
AT this point recess was taken
EOWen's Forfeited Hail.
DECISION OF JUDGE SMELL GRANTING THE PROCESS
ASKED FOR BY The DISTRICT ATTORNEY FOR ITS
COLLECTION.
This afternoon In the PoliceCourt, In the matter
OF the scire rdcids against Edward Devlfn, VINO
gave $1,000 bail for the appearance OF Henry A.
Bowen as a witness In the star route fury brIhery
case, and which bail was forfeited, Judge Smell
gave his decision as follows:
JUDGMENT OF THE COURT.
"Bonds are taken in this court for various pur-
poses: for good behavior in vagrancy cases, under
an ordinance requiring SO bonds TO keep the
peace; for appearance to answer In the Police
Court; to answer in the Supreme Court upon in
dictment in cases examined In the Police Court
and for appearance as witnesses While hundreds
OF yagranCy bonds have been forfeited, no further
action has been taken. The same may be said OF
peace bonds The forfeiture is but one step; TO
collect the bond, unless voluntarily paid, requires
SUIT ana suit TO enfore collection OF vagrancy
bond has never been known in the history of the
District OF Columbia. The reason for this seems
70 have been uncertainty as TO the law. To meet
this mode OF collecting such bonds has
been provided for in the new code. not yet passed
Congress- and not law at this time; another reason
may have been that the object or the law has been
secured by the Incarceration OF vagrantS and dis
turberS or the peace so well that public opinion
has not called for and secured more efectual
HletItOuS. Inc remaining cllSSeS-hOntS for
pearance in the Police Court or Supreme Court,
and TO testify-have furnished. contrary TO a
prevailing impression, few occasions for forfeiture.
During the existence OF the Police Court. and
among thousands OF instances. where bonds for
appearance in the court have been taken, only
one Is known where the party did not appear and
answer as required 10y the bond: This is SUM-
Gent and decided an-wer TO the intelligent in
quirer why prosecutions for forfeiture are not
tured the Culprit. and he was convicted. and is
now serving out his sentence. IN eases held for
the Tn, graz grand jury the bonds taken here are
no complaint has reached this court for many
years In regard to this IL is presumed there have
| been no defaults. Indeed, the critical care with
which this matter IS treated by the clerks OF the
Police Court renders sham bail impossible without
downright perjury. This is the first case In the
knowledge OF the court where a witness recogni-
Zance has failed TO appear and testify. Bowen was
duly called In the case OF Dickson and did not ap-
be observed, the duty OF the court ends, and its
power Is exhausted until the government by its
proper oIicer lnvokes ITS further aid by additional
and nnal process Courts do not prosecute ctl-
zens, either as criminals or bondsmen; but act as
1hey are called by the duly appointed authorities.
The forfeiture Of all bonds is granted upon
motion OF the district attorney, and showing a
breach OF condition OF bond. But final process by
scire JactaS is required TO make the forfeiture ef-
TectuaL The forfeiture Is the preparatory step
only, and the foundation for final processes The
defendant denies the jurisdiction OF the court by
proper pleas, which are overruIed. The principal
ground OF the plea is that this is court or limited
AMI not general jurisdiction; that IL is a criminal
court without civil power; that this proceeding is
In It's nature civil, and not being expressly pro-
Vided for In the act OF June 18th, 1870 establish
Ing the Police Court, is beyond its jurisdiction
To decide this question and meet the objections
raised. it is necessary to refer to the COM
mon law powers or courts Of justice and examine
briefly the actual and implied powers OF this
court as they are found In the act referred to-
section 1,oi9 Statutes or the District OF Columbia
DEFINES the general power OF this court Section
Of artlesses Section 1851 gives the mower
to examine and commit or hold to bail In all
ohenseS Section l,052 provides that "the court
shall nave power to issue al process and 10 DO all
acts which may be necessary TO the exercise OF its
jurisdiction" Section 1850 gives the power 10
enforce its judgments Section los provides that
all fines, penaltias costs and forfeiures impose
or taxed by the Police Court shall be collected
or process ordered bg the court" This
recognlZance Was taken under section .05O grant
ing power Ito compel the attendance OF Witnesses
ana Is q necessary and well-recognized power
exercised by courts. common law and statutory.
me authority TO take a recognizance finds further
support from section 1,052, which provides that
the court snail have power "tO do all acts which
may De necessary TO the exercise OF its jursdictionn
Ihe recognizance is an act OF the court In aid OF
It's power TO compel the attendance OF witnesses
And what Is a recognzance good for unless it can
DE enforced? The defendants counsel insists that
this enforcement should be 10y another tribunal.
First 1t Is well understood that the common
law prevails here with regard to process and prac
uce In our courts unless modified by statute
Second. All the authorities agree that recognize
ances like the one in question are forreied-in the
courts Where they We're taken: and that final nro-
cess issues from and is returnable TO the same
courts: 1t is to be observed that section 1861 not
only gives power TO do all acts which NAV be neces-
sary TO the exercise OF the Jurisdiction OF this
court, but also that IL shall have power TO issue
az processes" Because court speaks and acts
10y It's processes 1t Was clearly In the contempla-
tioh or Congress that tnis act conferred
the power to forfeit; for in section l,csS
Jof:fett'Hes imposed or taxed by the Police Court
shall be collected on process ordered by
the court Now, since the only forfeltures con-
ceiyable or known In courts OF law are those oc-
curing upon recogniZanceS, it seems that the
words shall be collected on process ordered by
process issued by courts In similar cases of for
Ieiture. Finally, the act OF June IL 1870, estab-
lsnlng the court, Goes not provide any other tri-
bunal or process where such forfeiture can be
enforced The conclusion seems to be that Con-
greSS designed that the court should not only have
power 10 take such recognzance but to enforce 1t
by proper process The powers OF courts OF lin
ited Jurisdiction are sufficient and complete for
the purpose OF their creation, and while confined
within their allotted sphere they are not a whit
less mandatory and efficient than are the powers
of higher courts. While, therefore, this proceed
ing IS novel the process asked for by the district
attorney is granted"
THE DISTRICT ATTORNEY SAYS HE WILL ISSUE AN
EXECUTION
STAR reporter this afternoon asked District
Attorney Corkhin what his next step in the mat
ter would be, and he replied that tomorrow he
would issue execution on the property OF Deylin
and put the papers in the hands of the marshal
for collection 81 have also given the defense
until Wednesday" said the district attorney, sto
the case"
Mr.. Jessup Miller. for the defendant, has flied
his plea with the court
John Howard Payne
AUTHORITIES DIFFER AS TO THE YEAR IN WHICH HE
WAS BORN
The difference OF opinion among the bIographers |
and descendants OF John Howard Payne as to the |
exact year OF his birth has caused change to be
made several times In the proposed Inscription |
upon the monument At first 1t was decided that |
he was born In the year 1872 Then the accuracy |
OF this date was questioned, and Mr. Harrison, one
OF Payne'S b1ographers was appealed to. That |
gentleman wrote back to the surprise OF every one
that Payne was born In 1875. He afterwards said /
that this was a mistake, and that he meant to |
have written 1871. Other authorities agreed as to
this date and the inscription On the monument was /
changed accordingly. Now, however, record OF /
the "Paine Family" has been received, which gives /
the date OF the poets birth as 1892 and as this /
seems to be carefully compiled family record, |
the entire question is again opened An inquiry |
VIII be made TO determine whether this last au-
thority is the correct one.
The Indicted Ex-Detectives.
THE APPRoACHIN TRIALS-BALTIMoRE DETECTIVES
IN WASHINGTON YESTERDAY.
1t is expected that the trial OF the detective cases
will begin In the course OF ten days. Mr. Wells,
the Special counsel is getting the eyidanca IN to