Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-08
THE HUSBAND RESPONSIBLE
So the Warrant Against Mrs Shea Was
Nolle Pressed.
Sergeant DAILY Says That He Intends
to Apply for n Warrant for
Mr.. Shea.

Maria Shea will not be tried for selling
liquor at her home on Maryland avenue,
and the reason for 1t is that Mr.. S. T..
Thomas the attorney for the District, who
signed the paper charging the woman with
the violation. changed his mind in the mat
ter and directed Mr.. Pugh, his assistant.
to enter a nolle pros. in the case.
The question of the issuance of the war
rant in the first instance caused some Ill
feeling. Sergt Daily went to the Police
Court late one afternoon to get the war
rant. The court had adjourned, and Mr..
Pugh, who has charge of this particular
business, was not at the court building, and
Sergt. DAILY went across to Mr.. Thomas
office. and this official states that he at
tached his name to the paper in a mechani-
cal way.
Having the warrant, the officer was ready
to make the arrest. He had already Sc
cured evidence against Mrs. Shea, so he
claims. and heSmade the raid for the pur-
pose of obtaining additional testimony, II
possible.
The fact that John Shea. the husband.
was serving time In the work house when
the warrant was issued is we'll known. 1t
was on Friday afternoon that the warrant
was issued. and that night the raid was
made About the time the case was called
In the Police Court Saturday morning, af-
ter publicity had been given the matter.
the President was probably affixing his sig
nature to the paper releasing from custody
John Shea, the man who had been con-
victed Of being an habitual violator of the
liquor law.
AS already stated. Mr.. Thomas changed
his mind about the prosecution Of the wife
He said he signed the paper in a mechani-
cal way, and upon looking into the matter
he discovered that a mistake had been
made, and he directed Mr.. Pugh to enter a
nolle pros. in the case
What Mr.. Thomas Says.
To Star reporter Mr.. Thomas said that
Mrs. Shea being married woman and not
living separate and apart from her hus-
band is clearly not liable She is his agent
in the eyes of the law, he said, and the
weight Of the authorities clearly shows that
she cannot be held responsible in a legal
way.
There is no doubt about the husbands
liability" he said when questioned by a re-
porter
SHOULD Sergt DAILY apply for war
rant for John Shea would the warrant be
issued?' he was asked.
The warrant will certainly be issued"
was his response, IF Sergt- Daily applies
Mr.. Thomas said that the disposition of
the case in this manner results from the
legal responsibility Of the husband and not
because of anything done at the time the
warrant was issued nor because of the
lack of proof.
According to Instructions Mr. Pugh went
into Judge Miller's court this morning and
holding in his hand the informa ton in the
case, said he desired to enter a nolle pros
Col Christy, counsel for Mrs. Shea, said
that his client was present in court with
her witnesses and was ready for a full
investigation of the case. But he was will
Ing to accept the action of Mr.. Pugh At
the same time he said he wished the court
could give the action of the attorney the
effect of an acquittal. This Judge Miller
said he could not give without a hearing
Mr.. Pugh's Comments.
Mr.. Pugh, the assistant attorney, said to
Star reporter that while he thought Mr.
Thomas Interpretation of the law was cor
rect, he would liked to have tried Mrs Shea
after the arrest had been made But" he
said, the arrest was unfortunate affair.
The husband is clearly liable under the law.
but as he was in the work house at the
time of the alleged violation. 1 think it
would be hard to secure a dozen men who
would vote to convict him."
Sergeant Daily was seen by n Star re-
porter soon after he reached the Police
Court this morning, and he expressed sur
prise at the action of the prosecuting Off
Ger in disposing of the case in the manner
stated.
Il would like to know what this MEANS"
he said to reporter. Il have as good evil
uehce IN the case as was ever presented in
court"
how many witnesses have your
Eight good Witnesses" was his response
Among them are men and women of char
acter that cannot be questioned
can you prove any sales by them?'
why, certainly [ can. l can prove that
liquor was purchased and paid for in the
place"
Sergeant Daily was told by the reporter
of what Mr.. Thomas had said, and he then
said that he would certainly apply for
warrant for John Shea, although he would
see his superior officer, Lieut. Vernon be-
fore doing so. At the trial of John Shea
he said the defense made an effort to put
the whole matter on the wife as the re-