The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-06-07
THE WRIT DISMISSED.
Mclean and Bishop Fail to
Secure Their Liberty.
NOT uMLAwfulLy DETAINED.


~. n. Mclean, the notorious land shark.
and Charles r. Bishop. arrested Tuesday
evening charged with auindiing John
Tliiey ont Of monsy and N si.sso mort
eaee, attempted n secars THAR freedom
yesterday through their attorney. Charles
+. Repash. BY means Of . writ Of habess
eorpss, which they presented 70 Judge
Langley. In this they failed. for the judge
dismissed the writ and rsmsndsd the prss-
onszs 70 the keeping Of Chief Of Police
Rogers.
In shsir application for writ they claim
80 b. unlswfuiiy detained BY Chisf Of
Police Rogers. who also refuses 10 allow
than 10 confer with their attorney. Charles
7. Rspath: that said Repath called Rog
ers' attention - the fses that 10 WAS the
constitutional right Of your petitioners to
consult with their counsel. wherenpon the
said Rogers In rude and insoient manner
stated that he would taks his chances on
constitutional rights" ETC., etc.
Judge Langley signed the writ which
uas msAe rstusnabis forthwith, and the
prisoners we're brought before him by
Chief Of Police Rogers st O'Clock, sccom-
Mcbride. kspash announced that hc sp-
pssfed for the prisonsrs, bat - he under.
stood that she prosecuting attorney had
not yet prepared the information he would
axres to hearing on . verbal statement
from the prosecuting attorney. The mat
t4r being satisfactory 10 the court and Mr..
NcBrids. that gentleman said thst the re-
turn when made out would show that
49, A. - IL D
prosecuting attorneys ONCE, Tuesday
of Bishop and Mclean, also charging two
other parties whoss names we're not known.
with the crime Of obtaining money under
false prstensss- An Investigation was
Instituted about the time that the Justice
81 the pssos Offices we're closing for the
day, and after looking into the cases the
chssf Of police and himseif. fearing that
the sccussd would escape, decided TO srress
them, feeling satisfied Of their guilt.
and they were locked up accordingly.
Yesterday morning. Mr.. Mcbride said.
he Vas occupied working on tho CON-
piaint, and - " was nos IN ordinary COM
plant. nscsssitating complete statement
of facts. great care In it, execution was
necessary. This required time. and he
had been 81 work on IL all day, and Was
stilt as u when be was ordered 70 appear
and fight this writ Of habeas corpus. He
asksd either for . hearing Of the case on
his statement or . continuation for =
couple Of hours In order that he might
complsts the Information.
Rspath made tight 70 secure an inter-
view with his clients. claiming IL the con-
stitutionai right Of every man 70 be repre-
scented By counsel, and condemned the
practice Of aSrssting men and not allow ing
counsel 70 80 them.
Mr.. Mcbride replied to Rspath, saying
they hsd good and suflicisns reason TO
deny him IN intsrvisw with the prisoners:
shat the property obtained was note and
mortgage for 800 ON property in Mon
tanas that the note had been Endorsed
over By the prosecuting witness, and A.
this shady tsansaction took place In Re-
paths ones. and - Repath he'd drawn
mp the pspsTs transfsrsin9 the property
Il was preeumebls that he knew a much
about The shady transaction - Bishop sad
Mclean. and he. Rspath, might consider
u ~ IN oct Of humanity only that he did
not lind himself locked up with the two
men with the same charge hanging over
his head.
Repath replied that he knew nothing Of
any shady transaction, and denied Nc.
Brides allegations.
"Yoa wrote the transfer p inquired Nc
Bride.
'.Yes."
lyon understood there vas 10 DO $50
pounds Of opium transferred 2"
mo, cir, ] didn't / knew nothing of
their dealings beyond complying with
their request TO draw up transfer of prop
erty." Repath then scored Mcbride Tor
his personal illusions. alleging tina. they
were animated by personal malice. He
then made another plea 90 the Judge for
shs rights Of his clients to consult him as
sttorney. and denounced the ssweating
systern" Of eontinsng men In secret and
sweating confessions out Of them before an
attorney can set near them. lie also made
strong plea To have the prisoners turned
over TO tho sherin's charge, claiming that
the chief Of police had no right with them.
Judge Langley said he would trea, the
verbal statement of the prosecuting altor-
ney as . return. The talk. he said. of
what was due To professional courtesy had
no part In tho present return. The prIs-
oasrs. he understood, we're believed 20 b.
guilty OF . crime: u was evident from
s.stenenss made that ordinary diligence
bal been pursued in an effort 10 frame
proper complaint. and that was sufficient
fur the court
81 think IL IL the duty Of the chief of no.
lice al arrest men accused of crime or
against whom there exists strong susni-
eIeas OF course. the officer in dong so
takes risks, and II his suspicious are not
well founded aud hss arrest not justified
be Il liable for damages; hut, again, II his
suspicious and actions turn out correct
then every body Is ready TO applaud b m as
. coed and efficient officer. don't think
thai the chief OF police should val, until
the sheriff arrests . man whose case comes
attain tie rrostncs Of the county. The
CHEF of police has . right TO arrest suea
rersoas. and his standing on ceremony in
such ma .tets would make Q poor eaforee.
saeat of oas criminal laws. Taking a. true
the ssstemsFst Of the prosecuting attorney.
the dessntion " these men vas warranted
in order thai be- might prepare without
undue haste thu NECESSARY papers Asre
CARDS the duties Of osrcers Tow ard counsel
ordinarily prisoners seoaid be allowed To
see counsel. In this case. housver, IL /,
intim a,sd that counsel in question had
done some professional services for these
men. l. the ctfeer had reason 20 suppose
THAI the attorney wanted TO zee them fer
eihss than professional purposes. then his
discretionary powers tastisssd his refusing
him san,ssxien. IL a attorney assisss
party IN psrsecting or carrying eus .
erssaansl rarposs then lie certainly az
essd> his pf.ssessl ~, al servse>. .r3 A.. ~xss