The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-03-22
GRANTING Il; BAH.
A Question That is Causing
Much Discussion.

Ihe inability OF w. u. Baugh man and
j. G. Hilbert, who were arrested by Epo-
cial officer A. w. Ashworth on Thurs
day night and incarcerated in filthy
cell st the station house. to obtain their
release on bail has CREATED consider able
talk about the way business is trans
acted in police circles. Baughman
had S64 in money on his person, and it
Is claimed that his comrades in the fire
department. supplemented this amount
with 5000, and offered to take tho &C.
cused home and DO responsible for their
good behavior until court convened Fri
day morning, but Sergeant Farley de-
clined to bail them and ordered that
they be locked up.
The question is asked by many, why
is it that the sergeant has authority to
release some people on bail and declines
to release others? AS an emphatic con-
Baughman and Hilbert it is alleged that
they are citizens Of good standing,
whereas people, who have very little in
the way Of character at stake, have been
released on the deposit Of the amount
OF money required as surety for their
appearance.
1t is contended by attorneys that it is
plain violation of law for policeman
to bail out prisoner, and that the police
justice cannot legally olothe them with
this power. This opinion is endorsed
by City Solicitor Miller, as is the opinion
that deposit of money is not such bail
as is contemplated and sanctioned by
the law, and that it cannot be legally
forfeited to the State or city.
Section 5000 of the code Of Virginia
NJ I'M IT. ~ hof u,1,a 81
and by whom:
"a court in which any person is held
and to be tried, for criminal offense,
or any judge of a circuit, county or cor
poration court, may admit such person
to bail before conviction"
On the night Baughman and Hilbert,
who were refused bail by the sergeant
OF police, were locked up. it is claimed
by their friends that every effort was
made to find the police justice, but in
vain. The policemen protested ignor-
ance OF the location of his abiding place,
or where he could be found, and the
offer of Justice Howerton to admit the
men to bail was rejected by the SER
geant.
Sometimes q respectable citizen is
arrested on trivial charge and it is not
thought right to incarcerate him in a
cell, ofttimes unfit for the Judgment of
a brute with any degree of respect
ability, simply because the police justice
does not see proper to inform the police
officers where he can be found.
The following clause from the new
city charter is frequently quoted in dis.
cussing the police court:
1.-The police justice shall possess all
tho jurisdiction and exercise all the
power and authority in criminal cases
OF justice of the peace of said city, but
he shall receive no fees for services
rendered as such police justice. He
shall also try all violators of the city
ordinances, and inflict such punishment
as may be prescribed for violation of
the same. He shall keep his office and
court at the place prescribed by the City
Council daily, except Sundays, and II
for any cause he shall be unable to act,
the mayor shall appoint one of the JUS
tices OF said city to discharge the duties
OF the police justice, prescribed herein,
during such disability and receive tho
same mpensation."
The mayor has no Jurisdiction in the
matter OF issuing warrants or granting
bail, and as this duty devolves upon the
police Justice it is commended that he
should remain in his Office at the police
court during the day, and instruct
policemen when he can be found at
night in the event that there was urgent
need of his services. When Chief Tory
arrived at police headquarters and
learned of the confinement of Baugh-
man and Hilbert, he ordered their re-
lease and accepted their bail for their
appearance.
Chief Terry informed TIMES re-
porter yesterday that Justice Turner
had authorized both himself and Ser
geant Early to grant bail in their dis
erection.