The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-22
l6A|N SCORES THE POLICE.
Ring Con Kids" Arrest Stirs
Up His Honor, Judge Jacobs.
ooEsN'TLike POLICE METHODS
AlIegea Dsnks Man Ast<mpts 10 Es-
cape Pssishnent BY Habeas Cor
PISS Roate-fails 90 Get Free. Hut
II Allowed to Give Rail md In
etdenaaliy Causes the Courts
Wrath 10 Fall On the Police.

The interesting row between Judge Or
aEge Jacobs, Of the superior court. on one
hand and the police department and the
prosecuting attorneys Office on the other,
was illustrated 70 the extent o. another
chapter In court yesterday Attorney Ed
gar Caypiess presented an application for
a writ OF haoeas corpus in the case OF
Charles Woods, charged with robhing Mika
yahnson Of S.ov IL a bunko game In
Georgetown ten days ago. Assistant
Prosecutor John b. Hart appeared for the
state. TO resist the issuance Of the writ.
assisted by Chief of Police Charles s.
Reed. Before the hearing was ended ths
court took occasion 20 express once more
his d.sapprovaI OF the methods OF the po-
lice department In making arrests and In
holding suspected criminals without trial
while investigating the case.
The court also informed Mr.. Hart that
he did not agree with his construction Of
the law as TO commitment ana ball. The
decision Of the court when he refused 70
discharge the prisoner was a barren VIC
tory for the police In one sense Of the
word. for he admitted Woods to bail in
the sum of 81. 900, the sureties being K. r.
Lewis. proprietor of the Mirror saloon.
and his wife.
The court again scored the police depart
ment. saying that IL the statements Of
counsel that men are arrested and held
for days without any charge being pre-
ferred against them. or given a chance to
plead, were proven in court, the officers
causing the arrest would be subject TO Sc
we're punishment, which the court would
infiict should the matter be brought be-
fore him.
Woods Alleged Crime.
Woods was arrested early In the week
by Detective Edward Cudihee and locked
up al the central station on suspicion of
being one of the men who worked bum
ko game on Mike Johnson at Georgetown
ten days ago. resulting In the loss to John
son Of 1900. In his application for writ
of habeas corpus. counsel for the prisoner
made several charges against the police.
saying that when he first called to sea
Woods the police refused him permission
to visit him and declined 10 state the
charge on which he was held.
On the following day he learned that
warrant had been issued for Woods. The
attorney charged that Woods had not yet
been given the privilege contemplated by
the constitution and the statutes. of fac
ing bis aecuser In court of justice. He
was taken into court on Friday. and the
case continued until yesterday. When the
prisoner was sgain brought before Jus
tice Ingersoli he was denied the right of
hearing and the case put over ill Tues
day OF next week. at the request Of the
state.
Mr.. Caypless backed up his charges in
thu application. with an argument, in
which he delivered severe criticism of
the police. The attorney claimed that the
prisoners right 10 speedy hearing on the
charge against him had hesn denied by the
police department and the state; that no
warrant had been issued for his arrest,
the name in the warrant being John Doe,
whereas the prisoner was Charles Woods.
Other Irregularities were alleged. in the
ottorney's desire TO bring the court 10 look
fsvorabiy upon his application for the dis
charge Of the defendant.
Mr.. Hart replied forcihly. defending the
police and uphoIiing the right of the au-
thorities to secure an adjournment of pre-
liminary examinations before a commit
ting magistrate. when for good reason the
states case was not in shape 10 allow IL
10 proceed. He explained that the alb
sence of the prosecuting witness was the
circumstance that caused the adjourn
ment OF the hearing before Justice Inger-
soil until Tuesday. The assistant prose-
cuior upheld the acts OF the police depart
ment saying that 10 discharge the prison.
err would not be 10 subserve the ends OF
justice.
The Courts Language.
1.-THE court will not grant the writ" said
Judge Jacobs. although the return for
the state has been lamentabiy weak. AS
the prisoners hearing has been set before
the committing magistrate for Tuesday
next, the court will order him committed
until then. The court does not, however,
agree with the contention Of the state,
that they are entitled to adjournments and
continuances from time 20 time, or for
practically indefinite periods. In such A
case / can see how a man might be arrest
ed on suspicion of having perpetrated
crime be thrown into jail and held In con-
iinement for days. to be finally discharged
without even the small satisfaction of an
apology.
IF this should he the termination of this
case. by reason OF the failure or the pros
scouting witness to appear. the defendant
has n clear remedy at law. II IS in a suit
for false Imprisonment. Counsel for thu
prisoner states that this would be rem
edy. for judgment against the city would
not serve 20 compensate the prisoner for
his upiustited imprisonment. The court
has a way 81 reaching that matter. The
officers who uulawfully arrest and hold
men In custody can be punished by I'M
pvisoament themselves. punishment
which the court would readily intiict were
the circumstances proven as indicated.
at Is the duty or the police and OF the
state 10 give a prisoner chance N court
forthwith after his arrest This Is his
RICH: under our laws. The state may OBJ
tain an adjournment from day 20 day rot
10 exceed ten days. The writ viii be de-
ned
Mr. Caypless asked the cour. to fix 4
reasonable bond. 50 that the prisoner
might so at large until his hearing. Judge
Jacobs asked If the prisoner could furnish
bail. whereupon Proprietor Lewis, Of the
Mirror saloon. offered 10 become surety.
Mir. Har, opposed the acceptance ot Mr..
Lewis. claiming that the statute, as 20 bail
required more than one surety. The court
did not agree with the assistant attorney
81 .s,,K.- \ sszx.e= 80.