The morning news., 1894-10-31
BROWN HELD TO ANSWER.

Decision of the Commissioner on the
Charge of Obstructing U. 8. Process.
United States Commissioner M. A. Con-
molly rendered his decision at noon yes
terday in the case of the United States
against Joseph Brown, the colored con-
stable of Justice Elsingers court, who is
charged with obstructing an officer of the
United States in his attempt to serve a
warrant issued for the arrest Of Renty
Greene, for stealing tools from the United
States snagboat Satilla.
Under the decision of the commissioner
Joe Brown will have an opportunity to ex-
plain his conduct before Judge Speer and
jury at the next term of the United
States court. The question being an inter
esting one, the decision of the commits
sioner is given in full:
In a preliminary hearing" the COM
missioner states 'of person charged with
an offense against the laws of the United
| States, the duty of a circuit court com
missioner is to decide whether or not that
person is probably guilty, on the evil
dence presented. The commissioner is not
confined on the examination to the specific
charge or charges set forth in the war
rant. He is allowed great latitude and
may, if the evidence should warrant it,
bind him over on an entirely different
charge, provided an otfense or crime
against the United States had probably
been committed The charge against JOS
eph Brown is obstruCUng, opposing or
resisting an officer of the United States in
an attempt to serve a United States war
rant. Section 5,398 of the United States
revised statutes, it is said has been vio-
lated by Brown. I do not believe that
Brown is guilty under that section, as it
seems physical resistance is an element
entering into violation of that section.
"The statutes that do apply to the evil
dence adduced at this hearing are sections
7S7 and 7S8 Of the United States revised
statutes, and section 4,7Z2 of the code of
| Georgia, which are as follows:
Section 7S7. 1t shall be the duty of the
marshal of each district to attend the dis
trict and circuit courts when sitting there
in, and to execute, throughout the dis
trict, all lawful precepts directed to him.
and issued under authority of the United
States and he shall have power to com
mand all necessary assistance in the ex-
| ecution of his duty.
" Sec. 7SS. The marshals and their dep
uties shall have in each state, the same
powers, in executing the law of the
United States, as the sheriffs and their
deputies may have, by law, in executing
the laws thereof.
Section 4,722 of the code. Arrest and
| posse. Every officer is bound to execute
the penal warrants placed in his hands,
and to that end he may summon to his
assistance, either in writing or verbally,
any of the citizens of the neighborhood or
| county. AS the posse of such officer, their
/ acts shall be subject to the same protec-
ton and consequences as official acts.
1T appears to me- as has been pointed
out by p. J. O'Connor, Esq, who repre-
| sented the government in this case, at the
/ request of the district attorney, that the
! facts show a refusal to assist the deputy
! marshal to make an arrest. When Deputy
! Marshal Hayward, in the name Of the
/ United States, called upon Brown to help
| him arrest, or attempt to arrest Renty
/ Greene, it was Browns duty to obey, and
/ his failure to obey was a violation of law.
1t was Browns duty to go with the dep
/ uty mrashal, who was clothed with all the
/ powers of the sheriff of this county ana
/ he was not to reason why nor be the
/ judge of whether or not the extigency was
/ so pressing as to warrant the deputy mar
( shall in calling upon him.
/ Il can but advert here to the conduct or
/ Justice Elsinger, of whose court Brow
is a constable who abetted Brown in his
refusal to go with the deputy marshal. His
| action in the premises will be brought to
| the attention of the district attorney.
| Therefore, upon full and mature con-
| sideration of the evidence adduced at the
/ hearing, which does make out a probable
/ cause of guilt, I hold Joseph Brown to
/ bail in the sum of $500 for his appearance
/ at the November term of the United States
/ court"
/ In the afternoon Brown gave bond, JUS
/ tice Elsinger becoming his surety for the
/ full amount.