Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-05
IS ASSIGNED TO A CELL

amounted to S1.76 %, would also have to
be paid. During discussion about the
money end of the case the justice said he
would return the s. if the colonel would
pay the fine
IT'S not the money that am after" he
said. but want the law indicated"
Church, approaching Warden Leonard,
said:
Il have brought Colonel Carson here to
commit him to your custody, or rather he
has brought me; don't know which it is"
But know remarked the prospective
occupant of one of Warden Leonard's
rooms.
From the kitchen came the odor of roast
peer ana soup, and, as Col. Carson had
eaten an early breakfast, the smell sharp
ened his appetite. and made him long for
the time when the rattle of tins would be
heard through the corridors and the noon
day meal would be served.
step into my office colonel" said the
warden, who has known him for years.
The Commitment.
The commitment. which was handed over
to the warden, reads
You are hereby commanded to receive
into your custody and Jail Perry Carson,
and him safely keep for the full period Of
five days from date hereof, unless sooner
discharged by due process of law.
Hereof fail not
Warden Leonard had read in The Star of
the proceedings in the ASH cart case. and
1t was becarse Of legal advice given him
that he decided to receive Col Carson as
prisoner The colonel was submissive.
ard willingly did what was requested of
him under the rules of the prison.
Cell a." remarked Warden Leonard to
one of the guards, and the big colored mol
itician passed through into the corridor.
He did not go Immediately to the cell but
was given seat in the big rotunda, where
he eonversed with several of the guards
This is my second time in prison. he
remarked. Il haven't been in one since
was boy, and then, as now. it was for
helping my race"
One of the guards jokingly asked the
colonel II he had brought anything with
him. and his answer was that he had
enough in him to last five days.
You know. you can't get anything to
drink here. the guard remarked
n,i Ih al because you don't know how
put in bread now. and 1 can get it in that
way.
Good day." the colonel said to Star re-
porter as the latter was leaving the jail.
Just tell them that you saw me-
BY Advice of Counsel, so.
When Col. Carson went to the office of
Justice Church this morning he did so by
advice of cour sci, and also because of the
further fact that he believed the justice
would not send him to Jail. 1t was ex1
pected that Policeman Wisewell Wheeler
and the ash cart driver, Hiram Walker
would also be in attendance to submit to
the will of the magistrate. Ten o'clock was
the hour set for them to be there but Col.
Carson was the only one who appeared.
Several constables who had expected to
earn fee by going with him to jail were
on hand, but Col. Carson openly told JUS
tice Church that he would not go with
either of them.
I'm go with you if you say you have
authority to send me to JAIL" he said, but
1 will not go with anybody else"
When the commitment had been made
| out, Col. Carson said he desired to enter his
protest against the PAPER, claiming it con-
tanned no seal. but the justice promptly
| told him that he the justice) was judge of
his own papers.
You ought to be magistrate" Justice
Church told him.
Il would If 1 knew anything about law"
was what Carson answered. Il can't read
law
Where is it?'
well, that's for you to know"
The question of transportation was the
next one to be settled and during its dis
| oussion the justice tossed the writ over to
| the constable and directed that he act as
| officer in taking the defendant to jail.
Defies the COnstabIes.
Judge" said Carson. in loud voice. The
| knows he can't take me to jail. If sub
nit he can, but I'm going to tell you right
now that I'm going to resist anybody but
| the man designated by law. You may
deputize another justice. but you can't
deputize a constable. I can resist and shout
'Murderv loud enough in the street to get
all hands in trouble
Several vehicles were suggested for use,
Col. Carson meanwhile declining to allow
the use of his buggy.
How about an express wagon?" the
justice asked.
| That suits me first rate. I can stretch
out in that and enjoy the trip. 1 haven't
got any money, and I've got to go, but it's
| for you to say how"
Suppose we walk?'
THAT suits me all right, judge. I'm sixty
one years old, but I'm good walker. and
| 1 think 1 can beat you.'
IF l get a buggy will you driver" Con-
! stable Edwards put in.
I'D be a nice man to drive myself ia
| JAIL" said Carson. Where did you come
FROM anyhow"
There's some excuse for him." explained
| another constable because he was only
| recently appointed"
The discussion turned to the prison on
| the banks of the Eastern branch, and Col.
Carson informed the justice and his other
| hearers that he would not back down.
I'll go there and stay my full five days."
| he said, "and when 1 come out I'll enter
suit"
I'm not afraid of your suit" said the
| magistrate; I'm ready to meet you OF
your grounds"
And" added Carson you'll get all
you need"
I'm not afraid of you," retorted the
justice, land you can't intiuidate me-"
That's what the man said who was
butting his head against the wall; he
wasn't afraid" added Carson. He kept
on brtting. and finally he was knocked
out"
a coupe was finally hired and over the
hill to the Jail went the magistrate with
his prisoner. Before starting, however,
Col. Carson Informed the justice that he
was sick, but he thought a few days In
jail under the care of his family physician,
DR.. Purvis, would do him good.
Col. Carson. 1t will be remembered. got
in the present difficulty in the alley in
rear of the District building. He took an
ash mans part because he thought there
was no seal to the writ. There vas only
a written seal. Singularly enough the COM
nitment had only written seal on 1t, and
Warden Leonard asked the Justice where
the seal was. His response was that the
law made no provision for a seal.
Reasons for Rematning Away.
1t was learned this afternoon that Po-
liceman Wheeler had remained away from
Justice Church's ONCE today because he
had been advised to do 10 by his counsel.
In addition to this he had also been adj
vised that In the event OF an effort by q