The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-05-01
FROM BARRACKS TO JAIL.
THE MISSOURI AUTHORITIES
ASKED TO IDENTIFY ANGELL

p6nC6 III INC carter case GQC IN fSVl-
dence-Judge Adams Remands Angel
to the Custody of Sheriff Roman
Sheriff Pearce Telegraphs Missouri
Parties to Come On and Identify
Carter.
Eugene Angel was before the Superior
Court yesterday on writ OF habeas corpus,
and the court transferred the prisoner from
the custody of Acting Chief of Police Green
70 that Of Sheriff Roman, to be detained a
reasonable time until his identity can be
more fully determined.
The court convened at 9 O'clock in the
morning, and the court room was crowded
Lieut.. Green brought in the pris-
oner a few minutes before the arrival
Of Judge Adams. There was quite
Q sprinkling of friends OF Angel sand
WICKED among the audience, principally Of
those who knew him some years ago, when
he was either a sailor runner or was work
Ing as marine engineer There was hard
~ a constable or Deputy Sheriff absent
from the room, for the case has become
almost celebrated one, and it was known
that Solicitor General duBignon was TO APP
pear and ask for the further detention of
the prisoner.
IN THE COURT ROOM.
The prisoner was the cynosure of all eyes
as he took his seat. He faced the stare com
posedly for awhile, but finally bent his head
as if to avoid the gaze of the curious.
When Sheriff Roman raped for order
and announced that court was in SEES
sion, the whispers that ran round the
room were hushed. Clerk Carr read the
minutes, and the court began TO call the
criminal docket. In a lull pending the
selection of jury in the McNeery assault
case, Solicitor General DuBignon stated TO
the court that he had been served Saturday
night with notice that a writ of habeas
corpus had been sued OUT and he asked that
the court fix definite hour for hearing the
case. Judge Adams appointed o'clock in
the afternoon as the hour wv. q. Charlton,
Esq. announced that he appeared for Angel
and he desired to confer with his client
The attorney withdrew to a private room
and after a consultation with Angel the
latter was taken back TO jail
ANGEL ON TRIAL
The crowd in the afternoon was not so
large as in the morning The crowd in the
morning, as we'll as the counsel for Angel,
had been misled by the difference in time
between the Superior Court time and the
generally accepted standard time, Mr.
Charlton making an explanation of that
character TO excuse bis late arrival.
Mr.. Charlton briefly presented the case,
and read Lieut.. Green's answer to the effect
that he arrested Angel upon information
from the sheriff of Tallahassee, Fla, and
had been holding the prisoner on suspicion
awaiting the arrival of Sheriff Pearce
Appended to the answer were the letters
from Sheriff Pearoe to Lieut.. Green which
appeared in Sundays MORNING NEWS
Mr., Charlton held that the Acting Chief of
Police was unlawfully holding the prisoner,
who was being unjustly deprived of his
liberty
Solicitor General duBignon, in addressing
the court, said il reply that he appeared in
the case under provision of the Code gov
erning such cases. If necessary, he said,
that he would exercise his right to amend
the answer showing that Angel had been
arrested on suspicion of having committed
a murder in another State.
"You have no law to hold him." quickly
replied Mr.. Charlton.
DO NOT DESERVE CENsURE.
Mr.. duBignon, resuming. said: 1.-The Off
GERS who have made this arrest do not de-
serve the censure they have been receiving"
He said that it is not a question with him
as to had Angel arrested, but as to whether
he should be turned loose Il ain here
said the Solicitor General, ''to see that he is
not turned loose until we know whether lie
is the man Carter, or whether he is Angelln
Arguing upon the legality of holding the
prisoner, the Solicitor General said that.
under Section 4025 of the Code, it is man.
datory that Angel should be held, and he
read the section, which is as follows:
NO DISCHARGE FOR DEFECT IN PROCEEDINGS.
If the party is detained upon a criminal
charge. and IL appears TO the court that there ia
probable cause for his detention he shall not be
discharged for any defect in the affidavit war
rant or commitment, until a reasonable time
has been given to the prosecutor to remedy the
defect by new proceeding; if the charge is for
an offense committed in another State, and he
is arrested on suspicion, he shall not be dis
charged, if the suspicion is reasonable until a
SUFFICIENT time be given for demand to be
made on the Governor for his rendition.
The Solicitor General then passed up to
the court under the objection of Counsellor
Charlton, requisition from Gov Moore
house, OF Missouri, upon the Governor of
Georgia; also certificate to John A
Pearce, as agent of the State of Missouri, TO
serve the papers and take charge of Charles
K. Carter and remove him from the State
OF Georgia to Lawrence county Missouri.
Appended to these papers were copies of the
indictment and the death sentence of the
Lawrence Circuit Court Mr. duBignon
stated that the papers had just arrived by
mail, showing that the detention had not
been an unreasonable one. He asked the
ObuTl, therefore, 10 nOlu Ine prisoner uDUll
an executive warrant could be had.
Mr. Charlton said that this was a court
of law and Justice and not of expedience
He spoke of the liberty rights of the citizen
and held that the detention of ANGEL had
been arbitrary and unwarrantable His
client was unwilling TO leave the state with
a stranger who had never seen him and
who had no knowledge of the offense or
acquaintance with the man Carter. An
gel was willing TO stay in the custody of the
sheriff until some one would come from
Missouri ami meet him face to face and
say he knew him to be Carter.
THE PRISONER REMANDED.
The court held that any citizen or officer
had the right TO arrest, on reas enable suspi-
cion, and detain a prisoner reasonable
time on a proper affidavit, but that the
States officers were the proper custodians
of prisoner arrested on the suspicion of a
a crime committed. He would, therefore,
grant the order discharging Angel from
the custody OF Acting Chief of Police Green,
and remandod the prisoner to the custody
of the Sheriff until further investigation
could be had. The prisoner was then con
veyed to the Jail, where lie is now confined.
CARRIERS CRIME.
The crime alleged against Charles r. Car
ter is the murder OF Robert Crockett. IN
Lawrence county, Missouri, February "a,
1886, Crockett being assaulted by Garter
and one Thomas w. Kelton. who with weu0-
ons unknown to the grand Jury. gave
Crockett five mortal ". unds on tba Lao1