The herald., 1896-01-22

| QetentiOnS at the ponce StaIlOQ were un-
| warranted and outrageous.
| Sec. 236 of the penal code of California
provides that false Imprisonment is the
unlawful violation of the personal liberty
of another;" and in this connection there
appears i'll the col, the followi 2 detini-
ton: "Any detention will be unlawful
unless there is sufficient authority for it
arising either from some process from
court of justice or fro n some warrant OF
legal officer having power to commit, or
arising from some other special cause
sanctioned either by common law or stat
ute."
In the cases above cited neither necessi-
ty, common law nor statute sanctioned the
deprivation of the liberty of those citizens,
Section q, article l of the constitution of
the state of California says: "That all
persons shall be bailable by sufficient sure
ties unless for capital crimes, when the
proof is evident or presumption great.
Witnesses shall not be unreasonably de-
tanned nor confined in any room where
criminals are detained" Detective Good
mans only excuse for the detention of
Compton was that he desired to use him as
a witness against another party. This, un-
der the circumstances, is remarkable, mas
much as the principal had not been ar
rested; nor was a warrant out for him.
Therefore it would strike the ordinary lay
man, laying no pretensions to keen. detec-
live skill, that the arrest of witness and
the refusal to allow him to communicate
with his friends, not to speak of coniining
him with criminals of all grades and classes,
is certainly without any regard for the
rights of American citizenship which at
present we hear so highly vaunted.
Section 235 of the Penal code of Califor-
mia says: 1.-THE defendant must in all
CAGES be taken before the magistrate with
out unneoe 3sary delay, and any attorney at
law entitled to practice in courts OF record
of California may. at the request of the
prisoner, after such arrest. visit the pris-
oner.'' In the cases above cited, Mr.. Good
man acted in violation of law
Then to appeal TO a higher document.
Article of amendments to the constitu-
ton of the United States says: THAT the
right of the people to be secure in their
persons, houses, papers and effects against
unreasonable searches and seizures shall
not be violated, and no warrant shall issue
but upon probable cause, supported by
oath or affirmation particularly designat-
ing the place to be searched or the person
or thing to be seized.
When Mr.. Goodman arrested Compton
he took from him all the papers of per-
sonal or private character which he had
upon him and opened and read most of
them. When he returned the papers to
Compton he indicated TO him their con-
tents, or the contents of some of them,
which was proof positive that he had viol-
ated their sacredness. Was this an OBJ
servance of article above referred to?
When Mr.. Goodman arrested the Italian at
Ventura he did SO upon what is commonly
known as John Doe warrant. Was this
in compliance with that portion of article
4 which states that the warrant shall par
ticularly describe the person to be seized?
Article 6 of the constitution of the Unit
ed States among other things says that
any one accused of crime shall have the
right to be informed of the nature and
cause of the accusation and to have the
assistance of counsel for his defense. Of
ficer Goodman, either willfuliy or through
Ignorance, ignored this section when ne de-
tanned all of the parties above referred to.
None of them were informed Of the nature
of the offense they were supposed to nave
committed, nor were they permitted to
have the assistance of counsel.
Article IA of the constitution of the
United States says, "That no state shall
deprive any person of life, liberty or prop
erty without due process of law"
Section 13, article l, of the constitution
of the state of California states exactly
the same proposition.
This practice OF depriving persons of
their liberty without warrant or any pro-
cess of law is not generally indulged in by
members OF the police force, but it has re-
peatedly been done by Mr.. Goodman, and,
as near as 1 can learn, the consensus of
public opinion is that it is about time for
that officer to be enlightened as to the
scope of his authority and the rights of
citizens. The fact should be impressed
upon Mr.. Goodman's mind that because
man has neither money nor friends he is
not essentially criminal; and further
more, he should be informed that the poor
man has exactly the same rights that are
possessed by our most honored and re-
spected citizens.
Mr.. Goodman appears to have no regard
for the rights of poor, unfortunate and
friendless men who, by some of the unex-
planned dispensations of fate, fall into his
clutches.
There are other cases to which could
direct your attention were it not for the
fact that the parties whose rights Mr. Good
man disregarded think that they have al
ready been sufficiently humiliated by his
arrogant and lawless exercise of authority
he does not possess.
There is a principle involved in this
question of the illegal and unlawful deten-
ton of citizens, and in the matter of the
invasion of their guaranteed rights. The
methods adopted and in use at present, if
the policy of the department has been indi-
Gated by the acts of Detective Goodman,
are we'll worthy of your earnest considera-
ton. | do not think that the police depart
ment of the city of Los Angeles or any
member thereof should be permitted to set
aside the provisions of the federal consti-
tuition expressly set forth regarding the
rights and liberties of the people, the rich
and the poor alike.
The chief, as soon as the above had been
read, interposed an objection to the trial
of Goodman, if the latter was to be tried,
until the detective had been notified, SO
that he could make a proper defense.
Glass spared and beat about the bush for
some time, while every one saw that he
was trying to shield Goodman. He sought
to make light of Colver's charges, and con-
fessed that in the Compton case he had
been notified of the prisoners illegal in
generation, but had not lifted
finger to prevent the outrage.
The mayor and Commissioner Wir-
sching we're perfectly willing to in
quire into the Goodman assault upon Col |
yer, but the attempt to sidetrack the main
issue did not succeed. Cover himself de- |
clined to permit his facts to be wheeled
off the track. Commissioner Long finally |
arose to the occasion and insisted that the |
matter be referred to special committee |
of two to investigate. When he did secure |
a second. which was not for several min |
utes, the mayor named Commits issioner |
Wirsching as his, Longs, associate upon |
the committee. !
A committee of businessmen, headed by |
President John M. G. Marble, of the Ma |
tional Bank of California, appeared before |
the board yesterday 20 plead for protection !
against the hack and expressmen who |
block the roadway in the vicinity of Sec
ond and Spring streets. The committee
did not like the manner in which it's men,
bers had been received, and President
Marble made that fact apparent. The
board adopted a recommendation that the
council pass an ordinance to abate the