Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-26
A WARRANT MUST BE SERVED
Some Plain Talk to Lieut.. Gsssford b.
Judge Miller.

Some Plain Talk to Lieut.. Gsssford by
Judge Miller.
This morning in Judge Millers court Judge
J. J. Weed, counsel for Sergt. John C. Daley OF
the eighth police precinct. against whom Lieut..
Gessford swore out warrant for alleged per.
jury before the police trial committee, as here
tofore published in The STAR, asked the court
to fix date for the hearing and also to fix the
bond in the case.
Lieut.. Gessford had not returned the warrant
and the judge said until that was done he could
do nothing in the matter.
The judge said that warrant issued from the
Police Court meant something, "and." he
added, "I'll see how long warrant issued from
this court is to be held. They have got to be
served and returned and 1t matters not whether
they are sent to a lieutenant a brigadier
general. warrant is not private paper, but
it is public document issued for public pur-
pose and must be served. jim the proper and reg
ular way"
Lieut.. Gessford is in the building Bailiff
Hooe told the court, and the bailiff WAS sent to
tell him to appear.
The lieutenant then appeared with the
voluminous document and Explained his reasons
for not having served the warrant. He said he
had asked permission Of the Commissioners to
swear out the warrant and he had been told
that they could not direct his movements as a
citizen. but advised him to wait until the
charges against him (Gessford) were disposed
of. He procured the warrant and did not serve
it, as they had requested him to hold on until
they decided the matter before them.
Then turn in the warrant and quash it if
you don't want to proceed against Sergt
Daley" said the judge. There was no neces-
sity for the issuing Of the warrant SO soon if
you did not want the case heard or were not
ready to proceed. If public policy demands
nf INIT ols de ,%a
service. and no person. whether officer Of
the law or not has a right to retain it. If it
ought not to have been served then it ought
not to have been sworn out"
Lieut.. Gessford again told the court OF the
request Of the Commissioners for him not to
serve the warrant. which answered by
Judge Miller saving. 'This court does business
in one way, right straight up and right straight
down."
The terms of the warrant, the judge said
required its service. The officer holding it is
required to apprehend the person named in it
and make his return thereon.
THE lieutenant and sergeant have passed
each other in the police station since the war
rant was issued, said Judge Weed. land the
first intimation the sergeant had Of the issue of
the warrant was when he read it in The STAR"
Lieut.. Gessford said he preferred to withdraw
the warrant and hold 1t until the Commission
ers acted on the case, as he wanted to do moth
ing contrary to their Wishes
Judge Miller explained that the action of the
Commissioners had nothing to do with the case
in court and that the hearing could be post
poned or the warrant nole pressed.
The lieutenant preferred postponement and
that course was adopted.
Judge Weed thought that the defendant was
emitted to some consideration. He wants a
speedy trial. said counsel
When will you be ready to proceed?" in
quired the court.
''We are ready for trial this minute" an
swered counsel. ''or tomorrow will suit u.s.
In answer to the courts inquiry Lent. Cess
ford said that the prosecution of this case
would involve the hearing of some of the testi-
mony taken before the trial committee on the
charge of intoxication preferred against him.
Judge Miller finally set the case FOR hearing
on Monday next and fixed the bond al $500.
Mr.. d. E. KEEPS qualified in the amount
stated and the case went over