The herald., 1897-02-25
JAMES DELIVERS HIMSELF
And Excorlates the Court Officials and
the Jury
Bsjsfs Being Sentenced to Three Years IN
San Quentin
1bs Knoxs Arrested for Periury-The Will
iams Divorce case-A Lawyers Fees.
Augustus Peck Convicted.
General Court Notes

It Is rather a clever scheme to ma
nipulate the district attorneys and the
sheriffs offices for the purpose of col
lecting a debt properly collectible
by civil process-when it succeeds.
Yesterday such a case occurred that
presented somewhat unusual features,
and that raised the question whether
the sheriff can arrest and hold an indi-
vidual upon telegraphic dispatch alone.
In the morning Sheriff Burr received
q telegram from M. Greenleaf, sheriff OF
Yuma county asking him to arrest ].
A. Dubbs, stopping at the Van Nuys
hotel, as he held a warrant for his ar
rest on a charge Of felony. The tele-
graphic instruction was to "act quick"
and Sheriff Burr did so, for within the
hour, and without any difficulty, he
found Mr.. Dubbs at the Van Nuys hotel.
But the latter gentleman had something
to say about the matter. He is the sec
retalE and treasurer of the Pittsburg
Asphaltum company, and also president
of the California Asphalt company, with
properties in Ventura county and head
quarters in Pittsburg He explained that
several weeks ago he arrived at Yuma
phur mine across the Mexican line.
With this end in view he engaged a
double rig procured guide and start
ed out from Yuma across the border
The mine was duly inspected, and upon
the return trip, when within about fif-
teen miles of the line, Mr.. Dubbs and
his guide were arrested by three Mexi-
can rurales for smuggling horses into
the southern republic. The team and
outfit were confiscated, and the two
prisoners taken, at the expense of
hard eight days journey, to Ensenada.
At that point Mr. Dubbs appealed to the
American consul, but he was apparently
impotent to extend aid of any kind and
so by putting up $70O ball. Mr.. Dubbs
was given his freedom, and the matter
was referred to that official at the City
of Mexico answering to our secretary
of the interior department.
After this exciting experience Mr..
Dubbs, with his guide, came to Los
Angeles. and the latter was paid and
his expenses betrayed back to Yuma.
Meantime, however, Mr. Dubbs had
written the liveryman from whom he
had hired his team, from Ensenada, tell
ing him how the outfit had been conf1s-
Gated, but promising to settle matters
as we'll as he could upon his arrival
back in the United States.
This was the status of the case yes
terday morning, when Sheriff Burr re-
ceived the telegram referred to and pro-
ceeded to make the arrest. Realizing
that the case was somewhat exceptional,
the sheriff telegraphed back to Yuma
regarding the matter and received a re-
turn wire" to the effect that s455 in
United States coin would settle the
matter with Speese and the officers
costs. Mr.. Dubb's wouldn't pay any
such sum, and so he was placed under
arrest. At o'clock in the afternoon,
through Attorney Mcfarland he sued
out a writ of habeas corpus in depart
ment six, and then the question came
up whether the sheriff is empowered to
arrest person upon mere telegraphic
dispatch.
After outlining to the court the facts
as given above, Attorney Mcfarland
contended as legal proposition that
the sheriff cannot arbitrarily arrest any
man on a telegraphic instruction, un-
less in the case of a fugitive from jus
tice," and then he must go before JUS
tice of the peace and swear out COM
plaint
Deputy District Attorney James was
present representing his office, and had
little to say in support of the arrest
ing theory.
judge = len said there was no legal
authority for holding the defendant
whether hs was a good man or a bad
one. Soneone must make affidavit, up
on which he could be held until the re-
quisition papers arrived. and, failing
that. he must be released. "A practice
has grown up" said the court, "as near
ly correct as a violation of law can be
and rendered necessary by dangerous
criminals travelling around, of holding
men on telegraphic instructions. Such
course has no sanction in law, and the
defendant will be discharged"
In the present case the defendant was
a man of standing placed in a somewhat
curious and exceptional position. but
how will it be IN the case of an ordinary
criminal. when arrested on telegram?
Circumstances alter cases.