The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-02-22
IFTY CENTS EACH.
Pickett and Solomon Both
Technically Guilty.
HAyWARD's ILLEGAL ARREST
The Tempest in Teapot Before Com
missioner Norrell Yesterday
Long Drawn Out.

police force, including the City Mar
s1al, who were charged with max
ing an illegal arrest of.the person OF one
HAYWARD, about week ago, on Arsenal
Heights, came before Commissioner
Norren yesterday morning, at IL
o'clock. Messrs. Brown ana Mcbride.
as of yore, appeared for the complain
ant, and Mr.. Moyle represented the
defence. All the defendants were
promptly on hand, but the witnesses
for the prosecution were little dila-
tory. Arrangement was waived, and a
plea of not guilty entered.
T.R. HIGGINS
was the first to face the fire OF ques-
tons. On the 18th of this month he
was upon Arsenal Hill; saw Charles
HAYWARD there on that day, setting
| posts and stringing wires, on the south
| portion of the jumped ground, working
| for Linck; saw Picke t, Solomon.
| Smith and Pratt there; l understood
they belonged to the police force OF the
| city: Pickett arrested Charles Hayward;
| Solomon, Johnson and Pratt were
present; Pratt and Burt came up III
buggy first, and made some inquiries;
IT drove down town, and when l re-
turned l found that the police force
were pulling up the posts; told th'
men to put the posts back where they
had been; Solomon said If the men die
put the posts back they would be ar
rested; Hayward Put post in the hole
when Pickett put his hand on him and
arrested him; as I went away, Pickett
and Hayward were standing together
Harvard said he didn't want to go to
Jail, nut Pickett insisted that he should
the Marshal was representing the city
as I unc erstood him; he was IN accord
with the arrest-.he police merely
obeyed hls orders.
70 MoYLE. he said, he was positive
that Pickett had jumped in and arrested
HAYWARD; Solomon said the ground be-
Ionged to the CITY, and he proposed t
taxi care of it; / was about ten fee
away when the arrest was made.
RORY M'poNALD
was the next witness. He also wal
working on the disputed ground wher
Hayward was arrested; Hayward wa
acting under me when be was arrested
by Pickett; heard the words, "arres
YOU" I told Hayward TO go peaceabl!
| with the officer, and that be would no
remain III jail long; the officers salt
they were TO take care oil city ground
and would arrest all who resisted.
told Higgins did not want 10 have
hand-tO-haud conflict with these men
that | diGn't want To have any fight
that If he wanted to make an issue, on
man was as good as thirty; Hayward
stood ground with Pickett tor anon
twenty minutes; they did not brri
him away-they left MIN on the hlil
Harvard told me that Pickett woult
not take him to Jail; there was no War
rant read or referred to; the arrest va
merely a verbal one.
TO Mr.. MoYLE-Higgins told me I
have the posts put back in the GROUND
J and to have a mau stand at each one
in order that the police should not tea
them up again.
= This closed the testimony fer Ii
prosecution.
Mr.. MOVIE did not think case ha
been made out; he thought that sac
an arrest was a perfectly proper on
The officer in this case did not need AZ
warrant to make the arrest. The ia
was that the officer had risht to a
rest the man without a warrant. II
was necessary to swear out warral
to arrest each drunken vagrant, or
hoodlum kicking up a row on Il
l. street, the public would be outrage
~ The officer was there in the dischsri
of his duty, to GUST men that were
7 what is, l believe, generally concede
to be city land.
MoBRIDE-Not by long sight.
MoYLE-Weli, it is land that the eli
claims. The officer had quietly and o
uerly made the arrest. What else cou
he have done? Higgins was shown
defiance to the law, and had incitt
e the men to do the same. I submit tn!
J. there is no law against the arrest OF
man under such circumstances-the
was no wrong committed. The fello
HAYWARD. even. had not sufficient il
terest in the matter. [ ask that the d
PENDANTS be dismissed.
. NIB. NJ bride
thought it was a very important ma
ter. If such an arrest could be ma
there was not an individual in the CT
but would feel that his rights were n
II safe. If a trespsss is committed, &
remedy lay with the law. The righ
u, of individuals we're the very matter
question, and the only way to settle 4
@ same was by the law. The city had ]
right to use official authority in its ~
behalf, any more than would the Sheri
had he a dispute with his neighbo
Y have the legal authority to arrest hil
70 There must be legal authority. 1t "
not because the police were ofticis
that they had the right to ma
al the arrest. but because some wrong "
ri being committed. These men were n
violating the public peace; were makil
no threats; were merely digging pos
holes. That was no offense. 1t mig
have been trespass. but that was
O offense. Hayward committed no c
fense in resisting the oficers-in pit
ting the post back in the hole-he b
. been challenged to do it. The fact tn
the man Hayward was released, was
N sufficient proof that the police knew
- arrest was an illegal one-that it W
merely an intimidation, and there cou
be no other reason for it. The ARE
was not to prevent crime, but
brighten. What we object to. is til
Ia the rights of citizens shall not be el