The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-05-26
FIGHT OVER a PRISONER.
Chief Green and Justice McDermott
in q Legal War

Chief Green and Justice McDermott
in Legal Wsr
Chief of Police Green has gotten iuto a
row with the state authorities. Justice
Frank McDermott claims that the chief Of
police has INSTRUCTED the process of his
court, and be proposes to find out whether
municipal officer has the right to ride
over the authorityof state court.
Saturday Peter Smith assaulted and beat
his wife in a brutal manner. almost chewing
of one Of her ears. Mrs. Smith went be-
fore Justice McDermott and swore out q
warrant charging her husband with assault
and battery. The warrant was put in the
hands OF Constable Jerry Lee for execution,
and the officer after considerable effort
found Smith in Yamacraw barroom.
The man was under the influence Of liquor
and the officer had hard time getting him
to the Justices office. He could not give the
required bond and Justice McDermott COM
mitted him to Jail. Lee started with his
prisoner, who had recovered sufficiently
from the effects Of the liquor 60 be obstrep-
erous. He made a stubborn resistance,
but finally agreed to go with the officer.
TAKEN By THE POLICE.
When within 100 yards Of the jail Smith
endeavored to expose his person. Police
man Keane came along and placed Smith
under arrest. Lee objected on the ground
that the man was already a prisoner OF the
state and was about to be committed to
Jail.
The constable read the commitment TO
the policeman, but he refused to recognize
its authority, and insisted on taking Smith
to the barracks. Lee finally allowed Keane
to take his prisoner under protest. He ac-
companied him to the barracks, believing
that the sergeant In charge would recognize
his authority and give Smith up. He
showed the commitment to Sergts. Masters
and Mock and demanded Smith.
They referred the question to Chief
Green, who ordered the prisoner to be
locked up, which was done against the pro-
test of the constable.
A CONFERENCE OF AUTHORITIES.
Officer Ice returned to Justice McDer =
motifs office and reported the case. The
justice concluded that there must have been
Misunderstanding somewhere. He decided
to let matters stand as they were until he
could have an interview with Chief Green.
Sunday he and the chief had a talk over
the affair. Chief Green said he had mis-
understood the circumstances Of the case,
and told Justice McDermott to send his
officer to the barracks at o'clock and he
would turn Smith over to him.
This was satisfactory to Justice Mo
Dermott, and he instructed Officer Lee to go
to the barracks and get his prisoner. Lee
was on hand promptly, but he didn't get
Smith. Chief Green sent word to the con-
stable that he couldn't have Smith until s
O'Clock yesterday morning, as he was locked
up for violating city ordinance and would
have to appear before the mayor.
LAID BEFORE THE SOLICITOR GENERAL
Justice McDermott decided that be would
| not send an officer to the mayors court, as
he denied the city's right to take preceden &C
over the state. He laid the facts before W.
| w. Osborne, ESQ.,, acting solicitor general.
Mr.. Osborne said that the action of both
Policeman Keane and Chief Green was au
obstruction OF legal process and violation
| Of section 4476 of the code.
The case will be presented to Solicitor
| General Fraser on his return from Nc
Intosh Friday Justice McDermott said
that he will insist on an investigation OF the
action Of both Chief Green and Policeman
Keaue by the grand jury. He wants tc
| And out whether q policeman has the right
| to take prisoner away from state officer
even though he may be violating city
| ordinance.
Smith was fined IS or ten days by Mayor
McDonough yesterday morning, and is now
| in jai. as city prisoner. Lee did not ap
pear at court for the prisoner, as Justice
McDermott claimed that he had done every
thing necessary before that time, and he
will let the higher courts deal with and de-
| eide the question.