The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-07-14


City-Prospeots for Damage Suit.
A. X. DypEcs, agent for Messrs. Voor-
hees, Frank & Smith, cotton-shcd men,
and Slack Johnson and Robert Facen, two
colored men employed by Mr.. Dyphes,
were arrested Thursday by Police Officer
Dallas Lee.
The ofense charged against the prison
ers was digging up and obstructing Ray
burn avenue, the property being in dis
pute between property owners and the
city. II is a strip OF ground ten feet wide,
which is claimed by the city rs part OF the
street. The claim is disputed by the own
ers of the abutting property on the ground
that the land has never been dedicated TO
the city, and consequently belongs to the
original owners or their assigns. Several
attempts have been made by the citizens
TO fence in the disputed territory, and
each attempt has been frustrated by tho
police, under direction OF the president Of
the Taxing District.
The cases OF the prisoners were called in
the police court yesterday, the bench OF
which is occupied by the Taxing District
president Col. W. A. Collier appeared as
counsel for the defense. His first effort in
their behalf was TO ask for q continuance
until Wednesday next, 10 which the re-
corier cheerfully asscntcd. After this pre-
liminary triumph the attorney asked:
snow, your honor, what arc you going
to do with Mr.. Dyphes and these two col
orcd mem"
"Well, they can go II they'll promise TO
be here at o'clock Wednesday morning "
"But they won't promise"
They'll have to give bond then" de-
cided the court.
They'll not do that, either"
whats that2"
'They refuse TO give bond"
"Do they? Then I'll take charge OF them
and there'll be no doubt OF their appear
ance," was the emphatic reply.
"What do you say about that, Mr..
Dyphes?" said his honor, addressing that
gentleman.
al am acting entirely on the advice of
my counsel, and he has spoken for all OF
us"
Every well, then, you can't leave this
ROOM"
81 would like 10 zee this courts author.
ity Tor the arrest, said Capt. Collier.
"Mr. Dyphcs consented TO have his
name placed on the docket and ! caught
the two colorcd men in the act" stated
Patrolman Ice, the arrcsting officer.
"Thcrc were no warrants
$50 the arrests were made without war
rants" repeated Capt. Collier, as the tri.
umphant look on his face became more
noticeable.
That's small natter" said his honor.
"1'll make them out myself right now aud
have them served, II you insist on it,
IL do, your honor. doubt the pro-
pricty Of arrcsting man one day and is
suing warrants the next"
In few moments joint warrant for
the three accused men was made out and
signed by the Judge. Patrolman Lee also
signed il and il was turned over to Chief
Davis TO be served ON the spot. A still.
ness fell ON the court room and the large
crowd OF spectators outside the railing
listcndcd attcntatively while the paper
was being read.
81 would like to have Mcssrs J. H.
Smith, John Oycrton, IT,, Niles Meri-
wcther, J. y. Frank and Samuel Walker
subpcnaed," requested the. attorney, after
its conclusion.
Summon those gentlemen, Mr.. Clerk, I"
complied his honor, ''and also summon n
few gentlemen whose names will give you
presently
When these proceedings were finished.
Turnkey Dick Hilton opened the gate Of
the prisoners dock aud motioned MIR. by
Plies and the colored men to enter. Mr.
| Dyphcs waited a moment 20 exchange a
few words with Capt. Collier, and then he
| entered.
"Mr. Dyphos, II you'll promise TO 10.
turn "Wednesday, III not hold you" said
| his honor.
mo, thank you, Judge" he replied. 81
am held without cause, and will make
no promises"
When the prisoners were marched down
90 the station.housc yard, after court, his
honor again repeated his offer, and Il was
again politely declined.
"T suppose you'll come back o, them
with a damage suit" inquired friend
when Mr.. Dyphcs WIS taken down stairs
II don't know. am acting under the
advice Of my attorney, hut am wholly un-
aware what the outcome will be-"
"lt is civil matter In which Judge
MADDEN has no right 20 exercise the power
oi his office" was the opinion Capt. Col.
licr expressed 'and the imprisonment Of
Mr. Dyphcs and the colorcd men Is in d..
rect violation Of all law. OF course tho
main question in dispute will have 30 be-
settled by higher court, but in regard 10
action for their arrest, ! will not say any
thing at present"
The prcsidcnt-rccordcr weakened during
the day, and the prisoners were released
on their own rccogninncc.
In all probability there will be damage
| anti aoainst tho frcof,lgr in1i yidually The