Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-09-26
OUR LOCAL AFFAIRS.
TIE MAYOR MAKES A MISTAKE.


The Cuivert Cuse Dismissed In the Police
Court-Judge Crump's Criticism.
Yesterday morning there was more than
the usual number Of dignitaries In attend
ance at Pollce-Justice Richardson's Court.
Members OF the Council and several lawyers
were present TO see the result OF the arrest
Of Mr.. W. r. Bowie. Colonel Knowles, and
the city hsnds, by the verbal order OF Mayor
Carringtor.
Judge w. w, Crump, rs counsel for Mr..
Bowie aud Colonel Knowles. was present.
and 30 were Colonel Darlington and CITY
Eng ineer Cutshaw.
ARE YOU READYl
Are YOU ready III that city case, gentle
men Z" said Justice Richardson.
Mr. Bowie is the principal man. ana l
saw Judge Crump come in awhile ago, and
| suppose We are ready" said Colonel Car
riugtCn.
Judge Cr,imp appeared and said he
wanted first 10 see the precept upon when
the paltics bad been arrested.
He was handed the docket OF the court,
and here was written the names OF Mr..
lJDM,f, tOioUtl hUbMit~. anu tiu't-s "h'
oppo.ite them the words. " "dcpredlting on
the property OF the city Of Richmond"
Judge Crllmp asked tile Court for the
Snccifc charge against his client, and for
the warrant for his arrest.
Justice Richardson said that all he knew
about the case was the charge on his crlmi-
nal docket, and the fact that certain wit
nesSes' names also appeared.
Colonel Darlington arose and gave his
tory Of his ordering the arrest Of the par
ties. exactly as has been published in the
Dispatch. He declared his action 10 be
based upon a sense Of official duty, and his
belief that Mr.. BOwie's was also.
Judge Crump said that this arrest, more
than anything perhaps that had ever come
under an experience not short. demon
strated the wisdom OF our statutes in pro-
yidDg for the
PROTECTION or PERSONAL LIBERTY.
He said You may arrest n man red
handed; YOU NAV stop violation OF the
public peace, or damage to the public pro-
pcrty, but when you come 10 try the Of
fence you must formulate the charge.
understand that this arrest was made by
telephone to the police officers from the
Mayor, whose powers, as well as the powers
OF the chairman Of the Committee on Light,
originate from the same source. The C0un-
ell enacted the JOINT res jlutiOn (Which Mr..
| Bowie was acting under), and why not ap-
! peal to IL? II the ordinance was di>tasteful
| 10 him the power wa, in his hands 10 veto
| it. They should have gone to the common
/ arbiter-the Common Council. This gas
pipe was being laid down under instrrc-
| tions from the Council, and these gentle.
I bai
urquestiOned duties.
The Mayor was only a magistrate. and
! both he and MIR. Bowie received their
power from common sOurce-the Common
/ Council. why did the Mayor not appeal
to the Council while in session Tuesday
afternoon! lie bad no power to abolish
law.
Colonel Carrington denied that the arrest
was made by telephone; he didn't make
arrests that way. He conferred with Prcs-
dent Of the Council Elly>ou and President
OF the Board OF Aldermen Bass, and they
/ both agreed that it was wrong to cut into
the culyert.
Justice Richardson said tine charge should
/ be formulated a. it stood il was TOO vague
to make an arrest upon. II could be
amended 10y the prosecutors II they de-
sired.
Judge Crump asked that all the names Of
/ the officer, making the arrest be written
down, and this was done.
Colonel Darlington took the witness
stand and testified. He was interrupted by
/ Judge CIump whenever he started to say
what Colonel Cutsbaw told him. In other
respects his testimony was the same as his
/ preN iOus statements.
NOT CRIMINAL INTENT.
IL want to know" said the Police Jus
/ tice, "ii these parties have been arrested
upon criminal offence? IL appears upOr
the criminal record OF my docket. Ii yOt
want 10 bling il under an ordinance yOl
/ will have to bring il in another form. The
evidence must state the fact that each party
has been guilty OF a violation OF the cIimi
/ nal laws, or else ii will not be a crimina
offence"
MAYOR Darlington: ] don't charge them
/ with any criminal offence.
Police Justice: | understand YOU to say
/ that they the Committee on Light wer,
acting IS they thought right. This matter
| should be heard in civil court, unless the
parties are guilty OF malicious trespa''. lie
/ knew OF no authority Of law for making m
arrest for violation Of an ordinance. II q
man with criminal intent and without color
/ OF rinht was about to damage or destroy
/ property it would be an offence against the
! Commonwealth. and then he could be ar
| rested ana tried under the State criminal
/ laws.
The case was accordingly dismissed.
Colonel knowles asked the Court il there
! was ne redress for him, and afterwards
/ spoke Of suing for $4,000.
Yesterday evening the city hands pro-
ceeded with their work Of covering the
/ pipes and the conduct Of their work.