Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-02-25
A REL RIMAND Fer THE OFFICER

The Result Of the Comm issioners' Investi-
CATION of Mr.. Moseley's Arrest.
The Commissioners today finally disposed Of
the much-talked-of Moseley case. This was
the case where Mr. f. A. NJ oseley, secretary of
the interstate commerce commission. was taken
from his home on warrant charging him with
threats upon the oath Of man named O'Neill
Mr.. Moseley demurred to the arrest and offered
bail, but the officers in charge of the
station house declared that it was not
a bailabls offense. An order from the
judge of the Police Court had to be OBJ
tanned before he could be released. After the
case had been dismissed in the Police Court.
Mr. Moseley brought charges against the officers
causing the arrest, and the trial board of the
police department. after hearing the case. SUBJ
mItted it to the Commissioners without recon-
mendation.
Another hearing was held by the Commits
sioners, and then each one in turn took the
heavy roll Of manuscript and went through the
evidence carefully.
Commissioner Douglass was delegated to
write the opinion of the board on the case, and
he did it today in the following letter:
81 have an opinion that this case, though
technically legal far as the forms of law
were concerned. was vet really instance OF
abuse of judicial process. II is not certain
just where the onus Of blame should 20. Mr..
lieutenant was but slightly, il to any extent.
liable to ceusure IN the affair. And the other
officers seem to have been technically within
the lines OF the law. But even legal process
may by the manner Of its enforcement or the
motives in its initiation be made to dc
grievous wrong to the defendant. The
history of the world il full of instances where
people have been goaded to resistance of op-
pressiOns Of this kind. Arrests upon affidavits
OF unknown parties should be made with great
care. The upright citizen is entitled to some
considt ration growing out Of his known Cor
knowable) good standing in the community. An
arrest lis always. temporarily at least, u stain
upon the name, and to u man of good standing
in the community necessarily both Notifying
and terrifying. The evidence in this case
shows that Mr.. Moseley was alarmed and
nervous, well he might. to be taken
couple Of officers and forced to 60
to a station house and then locked up
in a barred room. as if common thief OF
robber. At tho same time he was under the
care of physician. This case illustrates sharply
the necessity for inquiry as to the character
for warrants against reputable people. The
man O'Neil was evidently fraud as shown
by his subsequent arrest for a high crime in
New York, and his manner and methods. a.
shown by the evidence, should have induced
careful inquiry before an arrest was made
dismissed, and Mr.. Moseley's modification
and indignation were suffered without the
| slightest merit in the prosecution. Whom he
| mentioned the names Of well known citizens
as persons who would vouch for his appearance
in court Qwo of them municipal Off
! cers), at least the officials on the list
should have been called by telephone. One oil
them can answer for personally. would have
only been too glad to have helped him to tenn
| porary relief.
As in my view Of the facts of this case thu
arrest was technically correct, though, believe
in violation Of custom as to its manner, con-
sidering the character of the charge, am al
reprimand for unnecessarily mortifyinl
and dangerously and unnecessarily expos
ing the health Of q reputable citizen
humane discretion by the officer ia not in
| compatible in minor cases with . conscientioui
discharge of duty. trust that such instances
may be as rare in the future as they have beer
in the past