The herald., 1896-09-09
Police METHODS SCORED
Chief Told lie Exceeded
His Authority
JUDGE YORK SPEAKS strongly
Jones, the Tunnel Burglar, Up
in Court
NAB0TH'S VINEYARD AGAIN
Sult Assiust the Police to Recover
$4,000 Damages
Msrs Trsubls Over the Artesian Wells Down
s.y- NJ pamona
NABoTn's VINEYARD AGAIN
Suit Aseinst the Police to Recover
$4,000 Damages
Msrs Trsubls Over the Artesian Wells Down
at Pemosa
Uaitsl statss rern Tidal Jurors-A Well Adj
ainlsosssd Estats--suit to Recover Back
- Tsxes-capld's Darts THIS Year.
The Divorce mn drlnding

~ point OF laW-aud as 1t happened
point OF justice also, and such close
identity Is not always so closely preserv-
ed-came up for settlement before Judge
York yesterday.
Attorney H. P. Hyatt went to the city
Jail to confer with Fred L. Jones. the
ex-saloon keeper, who was brought back
from Spokane Falls on suspicion of being
implicated in the attempt to raid the
First National bank by means of SUBJ
terannean passage. Mr.. Hyatt called
In obedience to the request of Jones, but
was refused access to the prisoner by
Chief Glass. He at once applied to
Judge York for . writ of habeas corpus
and the matter came UP for hearing
forthwith.
The prisoner Jones was brought into
court by Detectives Auble and Bradish.
Chief Glass also put in an appearance.
Mr.. Hyatt, in applying for writ, raised
two points of law which will strike any
one as affecting in the most fundamen-
tai way the liberty of the individual.
He first alleged that Jones was confined
in the city Jail contrary to law. and sec
ondly, that he had been denied the right
which appertains to every prisoner of
Chief Glass explained to the
court tina! Hyatt had come to
him and expressed desire to
see Jones and Shen told that the pris-
oner did not wish to see him that after
noon he threatened to sue out writ of
habeas corpus, and did SO. The chief
further explained that the police de-
partment were simply holding the pris-
Oner until his examination on the 18th,
when he would be turned over to the
sheriff.
Inasmuch as the interests of the county
were concerned, Judge York had sent for
District Attorney Dornell during the
time Chief Glass was speaking. Upon
his arrival Judge York put before him
the question regarding the proper per-
son to have custody of a committed
prisoner. The district attorney prompt
ly replied that the sheriff could be the
only legal and proper person.
For moment that phase of the case
was dropped and Jones was asked by the
court IL he had desired to see Attorney
Hyatt. The prisoner, who is big, burly
fellow, spoke in hesitating manner to
the effect that he had told Mr.. Hyatt
that he might call and see him yesterday,
but when he arrived and the chief asked
him IL he desired to see him he had
replied that he did not wish to see him
that afternoon.
Read between the lines the words of
Jones DID not necessarily, express his
real opinion or wishes regarding the mat
ter. but all the same they
partially. exhonerated Chief Glass
from the charge of prevent.
ing prisoner from comforting with
The matter being settled SO far, Po-
lice Clerk Everett went upon the witness
stand and testified that on Monday,
when Jones was arraigned before Justice
Rossiter, the commitment was not signed
and consequently the matter had to go
over until next day. AS he spoke he held
the duly signed document, and the in
ference could only be drawn that the
proper legal course had not been fol-
lowed on Monday for the reason given.
Judge York proceeded to remind Chief
Glass that after the arraignment before
q committing magistrate he, as repre-
senting the city police department. had
no warrant or authority for holding
him. The commitment read that the
prisoner should be turned over to the
sheriff and he only was the proper Gus
tOdian Of the prisoner.
Referring also to what the court
termed "the constitutional right of
every prisoner to see his attorney, Judge
York stated that the chief telling an at
torney that a prisoner did not wish to
see him might be perfectly true, and yet
cut no figure. If he asked the prisoner
In the presence of the attorney then
there could be no misunderstanding.
The matter ended there. Jones was
turned over to the custody of the sheriff
IN the county Jail, but as Chief Glass
the detectives, and others who had wit
messed the proceedings. walked toward
the door behind the high oaken screen
In Judge York's court room. a deep.
somber voice was heard to utter with
great JUNCTION Of spirit: 1.-THE Cd
-" or words practically of the
same effect .-,
Judge York, in speaking and ruling as
he did, has done the public a service
Chief Glass, in saying the police were
simply holding a prisoner in the ordi-
nary way until after examination, prob
ably spoke with perfect truth and Clerk
Everett in his testimony, while perhaps
technically correct, was wrong insofar
Is the inference could be drawn that the
delay in handing Jones over to the sher-
III was owing to the omission of Judge
Rossiter and not any intentional fail
ure on the part of the police.
As a matter of fact there is a shrewd
suspicion, BASED ON many years of past
experience Etnstlaisi city, that Jones was
held in order that he might in the
sweat box" be brought to such a state
OF submission as to tell all he might
know regarding the burglarious attempt
on the bank and in such way cover he
police department with glory in having
fcrreted out the crime
It is not SO much that Chief Glass or
other members of the force are to blame
but the system upon which the police in
this. as unfortunately, in many other
cities, work. It is a system of infamy
The law presumes q man innocent until
he Is proven guilty. The police work on
the hypothesis that anyone unlucky
enough TO be brought under it's notice
snail bcaconsidered guilty until he or
she proves their innocence
1t Is matter of such common occur
ence as to be scarcely worthy of comment
that arrests are made without any au-
thourity whatever in law on suspicion. {"
No charge Is entered on the police rec
ord, but the unlucky wight is locked up
until the evidence it is hoped aud be-
heved can be obtained may make easy
. reversion to the due forms of law
Meantime such a prisoner is dead to the
world. Neither family nor friends can
know of his whereabouts for in such a
case the prisoner would at once be re-
LEASED on, habeas, corpus proceedings.
Il y every man's right to be protected
tttgr