The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-04-18
FOURTH EDITION


I
! Last weck Captain Kersey and Ser
geant WIgglesworth arrested a de.
sertsr from the United States army
named William L. Moore, and locked
him up ut police station. It Seems
that Chief Francis had bean looking
for Moore for several days, and 1t was
q surprise to him to find that he had
boom beaten by the officers. On Fri.
day night the chief had the man re.
leased on the representations OF his
counsel, Harry Emmons. Moore as
stifed the chief that he would not at
tempt to leave the city, but would re-
ture to his mothers where he could be
found II wanted.
After his release Moore wrote to the
ad1utant-generals Office at Washing
ton, detailing the story of his mothers
poverty. his desertion and his coming
to this city to take care OF her. The
receipt OF this letter has been acknow-
lodged by the adjutant- general, In o
letter to the chief of police. asking
him to investigate the case and inform
the officials II the story which Moore
tells OF the condition OF his mother is
true. The chief bus answered the let
ter confirming Moore's statements.
Last Sunday Captain kersey again
arrested Moore aud with Sergeant
Wigglesworth was about to take him
to Philadelphia, when Chief Francis
prevented them doing so. Yesterday
Mr.. Emmcns went to Washington
taking his clients mother with him
for the purpose OF presenting the mat
ter to the adjutant general. After he
ieftSergeant. Miller Of the United States
Army arrived here and applied to the
chief OF police for the custody of
Moore, with tho intention of taking
him TO Philadelphia. Chief Francis re-
fused to deliver the prisoner to any
ono until he hears from the adjutant-
generals Office. or from Noore's attor-
noy, as to the result OF the latters
mission to Washington.
Consequently the man isstlll held.
Moore. who was stationed at Fort
Supply. Indian Territory. deserted on
March 18th last, and made his way to
this city to look after and care for his
aged mother, who Is said to be In des-
titute circumstances here.
A short time ago Captain Kersey
and Sergeant WigglTsworth arrested
man named Woodward, who had
also deserted from The United States
Army, and who was overhauled in this
city. Both arrests were ma 10 with
out orders from the Chief of Police.
the officers claiming that any civil
officers have the power to arrest a de-
serter and turn the prisoner over to
all officer OF the United States Army.
There can be no doubt but the arrests
were made for the purpose of securing
the reward OF $50 which Ia offered by
the government for each deserter.
This has given rise to u question of
the right Of a police officer to arrest u
deserter unless he is especially re-
quested to do SO by a United States
officer. which In neither OF the above
ployed and paid by the city for MUM
clpal business alone, and 1t is the
opinion OF several OF the hest attorneys
of this city that they have no power or
authority to Interfere In any other, ex-
cept OF felony.
There is another and perhaps, to the
officers, the most interesting side OF
this matter. and that is In regard to
the reward of $50. Section 6, chapter
s2j OF the Laws OF Delaware, after fix
Ing tho compensation of police officers
SAYS:
NO member OF the police force
shall receive any other compensation
for his services on police force. nor AS
informer, from the city or any per.
SON"
There cannot be any question that
the plain Intent OF this law is to limit
an officer to the amount of salary liked
by the act, and the words prohibiting
an officer resolving ANY other COM
pensatlon for his services on police
force or informer from the city, or
any person. cannot be construed In
any other way than to mean than any
one connected with the police force
cannot receive any reward or extra
ompensatlon for any arrest he may
make.
The opinion OF Chief Justice Come
gys was that under this act, police
officer was not even entitled to fees MS
witness when summoned to appear
before the State court, From this II
will be seen that the officers have
been chasing an ignus-fataus. II they
have been making these arrests with
the view Of securing the standing re-
ward,
Section also says:
ANY violations of the provisions of
this section shall also be O mlsdemean.
or, and any such police officer being
convicted thereof, shall forfeit aud
pay to the State of Delaware fine
not exceeding one hundred dollars or
be imprisoned term not exceeding
six months Or both at the discretion
OF the court.
From the above 1t seems that any
officer accepting any fee, reward or
COMPENSATION whatever beyond his
salary. IL treading on very dangerous
ground, which will be certain to gat
him in trouble.