The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-08-14
I'M BERKELEY.

There are some queer things that hap
pen nova days, and one of those Incl
dents happened yesterday ut the
MAYORS Courtroom, and ii was in the
rendering of u decision by Justice II. A.
Wood. colored, In case of DIR. +. Il.
White. veternairy surgeon OF Norfolk,
VS.. Mr.. w. S. Rudd, Town Sergeant,
charged with unlawful arrest. DR..
White had been arrested by the Ser
Eeant for fast driving on the streets,
In violation of Section l. of the town
ordinance. For the offenSe he was
found guilty and fined IS and costs by
Mayor Mccoy. An appeal was noted
and DR.. White gave a bond of $50, with
Mr.. John S. Etheridse as surety. JUS
tice Il. A. Wood was granted the use of
the Mayors Courtroom as his was too
small to hold the large crowd OF wit
nesses and others who had gathered at
the first trial through curiosity. When
Justice Wood took his seat OH the
bench and produced a warrant from 4
Bible he held in his hand he asked that
the proper returns be made on the war
| rant. as he didn't want any technical
points raised. as there was no one quail
| fled to fiji out the warrant. The Court
asked MIR. Rudd TO stand up. The war
| rant was read to him by the Court. who
concluded by asking him If he was
| guilty or not guilty, and he answered
| in a clear voice. Not guilty"
Mr.. c. L. Old here volunteered to call
| called for the plaintiff. The plaintiff
| did not wish to put all these on the
stand. and after n few testified he rest
| ed his case Judge George ID. Parker
volunteer counsel for Mr.. Rudd, and
| asked that Mr.. C. l.. Old. Town Record
! er. be sworn. whose testimony was to
prove that MIR. Rudd was the Town Ser
geant. Counsel here introduced the
| warrant and decision of the Mayor in
the case Of the Town VS.. DR.. White, and
\ rested the case.
| Judge Parker asked that the defend
ant be dismissed at the plaintiffs cost.
DR.. White. who had conducted his
/ side of the case, replied to Judge Park
| or. and the Judge, in turn, replied and
| the case was submitted.
| The Court here threw himself upon
his dignity and began to deliberate on
the great responsibility that was rest
| ing upon him.
| Then he began TO deliver his deci-
sion. which run about as follows:
THE Court. or law, is no respector of
| Laughter.) "Silence" was heard from
i q police officer in the doorway of an adj
Joining room.
The Court resumed: 81 find two kinds
of warrants. civil and criminal. The
| Court decides that a criminal warrant
| Is where. life has been taken or danger
| is near. and the Court finds that this
was civil warrant. and MIR. Rudd had
no authority to arrest the plaintiff with
| out first getting a warrant, and the
| Court would fine the defendant $3.50 and
| costs for unlawful arrest"
| Counsel for defendant made some OBJ
| lection to the decision. and DR.. White
here informed the Court that he had
| rendered his decision and to stick to it.
| Justice Wood drew himself up again
and announced that the decision of the
Court was obligatory. uaughter) and
one of the most ludicrous trials that
ever occurred in the history of our town
| was at an end. for the time being II
now appears that the whole proceed
ings OF Justice Woods Court were in
| formal. he not having jurisdiction in the
matter. Furthermore, the warrant was
served by n police officer on the Ser
geant of the own. No return has been
made on the warrant, as there is no
one qualified to make them. Sergeant
| Rudd would not pay the fine. and there
was no one to authorize to lock him
luD. This reminds us of the Recon.
| struction period" when similar occur.
rences happened almost daily through
out the South. Since the above was
written Sergeant Rudd decided TO pa,
his fine and costs. which amounted tC
$3.50 The matter will be ventilated In
the Council chamber later.
|