The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-13
GEORGE DAVIS FREE
~
Released on Habeas Corpus
Proceedings.
RFFORE JUDGE CLARK
CHIEF OF POLICE NORWooD
SUSPENDED.
AND ALSO BOUND OVER TO COURT
He Discharged Davis from Custody After
Habeas Corpus Proceedings Had Been
Instituted The Aldermen
Meet To-Day.

at appearing from the evidence that
George Davis is not identified as the per-
son accused and that there is no reason
able ground to hold him for further eyl-
dence, it is ordered that he be discharged
from custody.
ut further appearing to the court from
the evidence in this case that j. Nj. Nor
wood, chief of police of the city of Raj
.eigh, while charged with the custody Of
said George Davis under the warrant
issued in this case, and after the WIFI
of habeas corpus served, did of his own
accord and without legal authority, dis
charge said prisoner from custody, 1t Is
ordered that he give bond in the sum of
$500, to be approved by the clerk OF
the Superior court of Wake, for his ap-
pearance at next term of said court, the
fourth Monday in September. 1897, to
answer the charge of an escape under
The Code, section 1,022."
The above was Justice Walter Clak's
decision yesterday afternoon, after hear
ing the evidence in the habeas corpus
proceedings instituted ON Wednesday by
George Davis, the negro who has been
held here since Monday, suspected of be-
ing the man who, on July 10Th, raped
and killed an 11-year-old colored girl
near Edenton.
1t will be remembered that as soon as
Davis was arrested an officer was tele-
graphed for to come and identify him.
On account of the expense incident to
such trip no officer came, but
Chief of Police Norwood was asked to
send full description and pictures of
the man under arrest.
This was done Tuesday; the pictures
reached their destination Wednesday
afternoon. Immediately the sheriff of
Chowan telegraphed to Mr.. Norwood
''Can't recognize by the pictures. Davis
lived here for six years" The man I'M
der arrest, Mr.. Norwood knew, had been
a resident of Raleigh for the last twenty
years, so he could not be the right man,
and ought, therefore, to be released. This
was about Z o'clock. The Mayor was
at the park and not expected back for
sometime, so Mr.. Norwood set Davis
free.
During the afternoon, however, habeas
corpus proceedings had been instituted
by Davis, and the hearing set for yester-
day afternoon before Justice Clark, of
this Mr.. Norwood says he knew moth
ing at the time of Davis release, and
the statement was not disputed yester
day on trial.
1t was about 8 o'clock Wednesday
night when Mayor Russ returned and
found Davis gone. He was much wor-
ried and very severe in his criticism OF
Mr.. Norwood's action. He went to see
Judge Clark and returning about 10
o'clock he summarily suspended the
Chief of Police from office and ordered
Davis re-arrested. The officers had no
trouble in finding their man, and by IL
o'clock he was again in his cell.
1t was not until yesterday morning
that Chief Norwood's suspension was
known beyond police circles and the par
ties Immediately concerned. At 10
o'clock the chief walked into his office,
took off his badge, locked his desk and
went out upon the streets-a private
citizen.
Then the talk began, and it was all
favorable to the deposed officer. Mem
bers of the police force said he had
only done what it had been the custom
among former officers to do-except that
in this case there We're habeas corpus
proceedings pending. Mr.. Norwood said
Nearly everybody expressed the belief
that Norwood was doing what he
thought was right Some said the punish
ment the Mayor had put upon him was
entirely too severe for the offence he had
unintentionaly committed.
The Board of Aldermen, who are said
to be friendly to Norwood's cause to a
man, were ready to meet and re-instate
him at once, j am told, but the Mayor
refused to call them together and Mr..
Norwood preferred that action be defer
red until the habeas corpus matter could
be settled. They meet this afternoon at
o'clock, to take action. Both the
Democratic and Republican members
of the Board am told by an alderman,
will stand by Norwood.
It is also said that the ordinance pro-
posed at the last meeting, taking some
of the police-regulating power out of the
mayors hands, will be passed at the
next regular meeting.
The Mayor claims that the chief of
police has no right to liberate any pris-
oner, no matter how trivial the charge
against him, or how clearly innocent he
may be.
yesterday morning, who is charged
released without any authority
whatever. There is no justification for
this discharge. / am personally respon-
sible for the man, being commanded
by a Justice of the Supreme court to
produce his body this evening at the
court. Should | fail, I would be liable
to contempt Of court and Imprisonment"
And in this view Of the case Judge
Clark bears him out in the decision given
above. In suspending Mr. Norwood for
this dereliction of duty the Mayor acted
with full authority given him under
the charter and the city ordinances.
The only question is Was the of
Tense such as to merit the penalty i'm
posed?
The hearing Of the habeas corpus pro-
ceedings before Judge Clark, at Cham
bers, in the Supreme court room, began
yesterday afternoon at 5 o'clock.
Mayor Russ made statement as TO
why Davis was arrested. He said Of