The herald., 1898-03-10
Mr.. WILLIAMS ON THE POLICE
DIscovHRs THINGS THAT ARE
UNLAWFuLLY DOME
And Points Out That the City II a
Loser by Unauthorized Methods
With Prisoners

Assistant District Attorney w. T. VIII
liams accidentally discovered yesterday
that they do things at the police office
which are not according to law and the
statutes. This Is probably because Mr.
Williams is not in the habit Of investigat-
ing the doings of the police department
with reference to prisoners, otherwise he
might have made many more condemna-
| tory remarks than he did when he returned
from two abortive visits to the. city jail.
This is what the assistant district at
torney had to say when he came back to
| his office:
IA man named Northrup was arrested
| a week ago last Saturday on charge of
embezzlement. He was taken before one
Of the city justices and committed to the
custody of the sheriff of this county pend
Ing his examination. One of the policemen
took charge of the commitment, but in
stead of taking him to the county jail locked
him up in the city prison.
"Northrup's cousin, lady whose name
I canot recall at this moment, came to me
and explained the case. I became satisfied
that II her version was correct a mistake
had been made In arresting this man. l
told the lady that would inquire into the
matter and in furtherance of this / went
to the station.
Neither the chief nor the captain was III
tlt OlllCt. Inc CicTk 1T Tic ucSk WOulu
have ordered the jailer to show me the
prisoner, but he hesitated and finally said
that he would prefer that should get a
permit first. Well, left and went back
again at 1:30. The clerk again wanted me
to secure a pass. l refused point blank.
The idea of a states prosecuting attorney
having to get permission to see prisoner
l said that should be allowed to see Nor
thrup and that l would under no circum-
OF q n
without speaking to the man.
Upon my return to my office examined
the statutes to learn by what right pris-
oners who are charged with a felony are
kept in the city JAIL 1 find that all COM
mitments by an examining magistrate
should be made out to the sheriff of the
county and are so made out. The law
provides that in the absence of the sheriff
the commitment may be handed to peace
officer (and a policeman is one) but only
long enough to deliver the prisoner into
the proper custody.
Under this shallow pretext the police
assume the right to put county prisoners
who cannot give bail in the city prison un-
til after their examination. Sections S62
and S63 of the penal code explain the mode
of observance plainly, and the police, un-
der them, know full well that they must
send felony prisoners, as soon as held for
examination under a commitment, to the
county Jail.
The chief of police or his men have no
right to keep such prisoners in the city Jail
and feed them there for a number of
days at the city's expense. There is no
authority of law by which the city can be
made to pay these peoples keep, and If
this thing has gone on all the time it must
have cost the city pretty penny.
II don't propose to do anything about
this matter but the council and the city
attorney should put stop to such a vio-
lation of the law by the police. The idea
of a public prosecutor having to ask per-
mission to see prisoner accused of felony
of a man who has no right to his custody!
If Northrup had been where he properly
belonged under the commitment of the
justice-in the county jail could have
seen him when I wanted to without any,
body's permission.