Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-02
PENALTY FOR CONTEMPT
Justice Church Decides the Walker Case by
Imposing Th|Fee Fines.
Each Defendant Sentenced to Inn
prl.onment in Dffaule -rroceea-
inss mt the Trial Today.

The proceedings against Hiram Walker,
Perry Carson and Policeman Wisewea
Wheeler for contempt OF a justice of the
peace were continued this morning at 10
o'clock in the office of Justice of the Peace
Samuel r. Church, the. official who issued
the writ by which Walkers ash cart was
seized for debt Of IS some days ago, as
fully told in The Star at the time The
proceedings were continued from last Fri
day, the date originally set for the hearing.
At the time mentioned Mr.. Carson had
ignored the charge against him, and he
followed the same course today. Police
man Wheeler was also unrepresented.
Walker, the only defendant, was on hand.
There were several witnesses who were
heard on various phases of the question,
the list including Chief Clerk Sylvester of
pelice Headquarters, Detective Proctor and
Constable Edwards, who served the writ
on Walker. Mr.. w. p. Wood appeared in
the interests of Walker. while Mr.. Ernest
Hoffman represented the constable.
Constable Edwards' Statement.
The facts in the case were related by
Constable Edwards and Walker. Edwards
stated that before he served the writ he
informed Walker who he was and showed
him the paper, and that Walker wanted to
get the horse and cart away as quickly as
he could, because a crowd always collected
on such occasions, and made the execution
of the process more difhcult When he
saw that Walker was resisting him, and
realizing that a breach Of the peace was
bound to occur, he blew his whistle for
policeman, at the same time deputizing
two bystanders to assist in serving the
writ The policeman came in time, he
said and the moment that his two deputies
attempted to take the cart, arrested them
and Walker, and took them away. Before
this however, some one had suggested that
valid and advised Walker not to comply
with the constables demand.
This left the horse and cart unprotected
and Constable Edwards then took charge
Of them, On attempting to lead the horse
away however, he was met by Perry Car
son, he said. who caught hold of the bride
of the horse and would not let him move
it. At that moment summons came from
tine court for him and he had to relinquish
possession of the property. After the case
was dismissed he saw Walker hurry1ng out
of the door and when he got to the alley
Walker ard the cart and horse were gone.
Walker was then put on the stand and
his testimony contradicted nearly every
statement that the officer had made, ex-
cept as to the matter of the policeman ar
resting the trio.
The Police Regulations.
Chief Clerk Sylvester was called and
read an amendment made to section Al of
the manual for the guidance of the police
force, October 20, 1897 which was as fol-
lows:
when a constable is engaged in serving
or executing processes issued by justice
o: the peace, and there is Interference will:
such constable, 1t is the duty of the police
officers to prevent the same and preserve
the peace. IL
1t was contended by Lawyer Hoffman
that all three of the parties were clearly
in contempt, and that no palmer case could
be made. 49, g.
Lawyer Wood pleaded ignorance for his
client and said that he was merely stand
ing up for his rights He also cited the
matter of the seal, and said that his client
being Ignorant of such matters, thought, of
course, that his property was being taken
from him in an unlawful manner. and that
he had no intention of resisting a duly
authorized officer of the government.
Justice Church, in rendering his decision,
said that he proposed to be more lenient
with Walker, as be considered him the
least of the three offenders. He also took
occasion to say some pretty sharp things
about policemen. and said that he consid-
cred Policeman Wheeler to be the most in
contempt. He therefore imposed a penalty
on Walker of So or three days in Jail, Per-
ry Carson, s. or five days in Jail, and Po-
liceman Wheeler, $40, or ten days in Jail,
and instructed Constable Edwards to carry
out the sentence.
At the close of the contempt proceedings
Lawyer Holtzman made a plea for a re-
opening of the care of Adams VS.. Walker.
the decision In which was given last week
by Justice Church, to the effect that under
the exemption laws Walkers cart and
horse could not be seized, as he was the
head of family.
Mr. Hoffman cited many authorities to
show that by the head of family or a
householder within the scope of the exemp-
to tie support of family or members
thereof, not one who is merely married,
but who does not live with his wife. He
stated that Walkers wife had not lived
with him for six years; that she had Il
service place and boarded at her place of
employment, visiting her husband once in
while, and that according to the latter's
own statement during the course of the
trial he could remember but two instances
In long time that he had given her any
money at all. He said that Adams was n
poorer man than even Walker; that he had
gone to the latter's house and done plas-
terfng work there, and that he needed the
50 badly; that it was a just and honest
debt. and that 1T should be paid. He con-
tended that as Walker did not live with his
wife, and did not contribute to her support
according to his own statement, the case
did not come within the scope of the eX-
emption laws, which are intended to pro-
tect a mans family
Lawyer Wood answered in rebuttal that
the statutes of the District Of Columbia
plainly decided the case, and asked that it
be not reopened. Justice Church reserved
his decision, stating that he would an
nounce it by card.