The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-03
Diamond King Discharged But
Again Arrested by the Sheriff.
aeNsoN AND JACOBS DISAGREE
x.A~e Benson Discharged the Pris-
, n.ey on a Construction of the
ss.tut~ mt Variance With That of
ridge Jacobs-Chief Reed Acted
Promptly and the Accused In
Again in the Tolls OF the Law.
Ia. schwartz. the diamond king ard al

Ia. Schwartz. the diamond king and al
~s. released yesterday from custody for
en- third time during hia short but hlgaly
exciting stay IN Seattle. and was ignmedi-
.,ssy thereafter arrested On the same
charge. that Of grand larceny. This makes
schwartz fourth arrest since he has been
here. Judge Benson granted tho writ OF
hsbeas corpus sued out by Melvin Win
ssoek. Schwartz attorney. but before the
sr,soper had emerged from the court room
a. get a breath Of free air he was again
p,aeea In 6urauce. this time on warrant
t.gued by Justice OF the Peace Austin on
!, !. sworn comp plant Of Chief Of Police c. 8.
.geed.
recital OF the legal causes leading up
J 40 schwartz repeated arrests and dis
charges would involve quotations from
numberless text books on the law. In
granting the writ yesterday afternoon.
Judge Benson took a stand diameiricaily
opposed TO that upheld by Judge Jacobs
On the occasion " the hearing before him
Monday.
Judge Benson held that the section Of the
law authorizing the arrest and detention
81 alleged criminals or fugitives from JUS
't.ca ON the submission OF teiegrap hic
copy Of the warrant. does not apply to
cases where the first process issues from
; court outside Of this state.
TIE hearing on the wri; OF babeas corpus
| sued out Tuesday by Schwartz attorney
| ssas ee. for a hearing before Judge Moore
! yesterday morning. Cases already reesiv-
! Ing the consideration Of the court caused
/ ehe postponement Of the hearing until the
. afternoon, when al $3.50 o'clock Judge Ben
Sun took the msfgsr Up.
Lott . La His Chair.
Schwartz W. represented by Mr.. VIM
1 sock and .ta case for the state was
handled by Deputy Prosecutor Walter
4 fal.on Schwartz. looking sleek. TAT and
comp.acent l0lled back tn his chair near
! the table on ws.ch rested the books and
sapers 0, his .rney, and listened closely
l 10 every arguut that was advanced by
] both lawyers AIR wins,ock began hos
sliltses with an argument attacking the
mode OF procedure by which the prose-at-
iax attorney had sought 10 secure his ell
= sns'. presence in Seattle pending the ar
j rival OF an officer from san Francisco. Mr..
wlnstock gent ,ntq an exhaustive review
! n the law bearing on thu personal Hber-
Nes Of the citizen aud the construction OF
IL
sngs and the arrest u suspected fugi1ives
II sroH Justice ATS contention. fcFcihly ex-
i pressed WAS tsat no man could BE- arrest
u Ell aaa deprived Of his liberty ualess the
.l-su,hnrities had fied a complaint In writ
ing duly swofa 10 before some magistrate
empowered 50 issue warrants
According 10 Mt. Wlnstoek. no such
n measure had been adopted by the prose-
l cutlon In its endeavor 20 persuade Mr..
ASehwartz to taryy longer IN Seattle. He
Z seelared :ha, only enc true way lay open
II 10 the prosecuting attorney by which the
Hprisonsr could b. held on Information such
nSs was IN Is possession. end that was TO
40 i0to e proper court and swear out
rerplaint stating IN compliance with the
Shw. that the accused Individual was N
tact attempting 70 escape from the JUS;
Heoasaqaences II his acts and was a fugi-
osve from Justice Such a course had not
Aeon fosioR "a rs the prosecuting attorney,
i add the Ell n being made 70 hold the pris'
1entr merely on a telegraphic request was
Dan unwarIaaled deprivation Of his per
sonal liberties guaranteed by the const!tu-
'ien &C tho STATE.
II After Mr WlnsiocS had cited several
= saihoslt.es supporting bis contention. Mr..
Fulton replied briefly. showing that see
tioa sScs % mrs code authorized the OFF,
err 20 hold the prisoner on receipt ~ "A
tsleSraphic copy of the warrant or infor-
nation from the court in which the DE-
II .nSsni had been charged with a violation
Of the Law
II "Go ca Jnii: Never"
4 Judge Benson rul'aE was short. lie ex-
4 snln,d the statute thoughtfatly for a
minute, ard then announced that In his
b spnicn the section quoted did not apply
except 20 warrants issued within this state.
He therefore ordered the discharge Of the
!, s-fendant