Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-06
AGAINST SOLOMON
Habeas Corpus Petition of Muir
derer Denied.
Judge HnnckcI Decides That the
Prisoner wns Not Committed For
Trial by Corporation Court Until
April Sth-Powcr OF Police Justice
TO Postpone CommIttnI.


ton of Horatio l.. Solomon, colored, the
murderer of Charlie Small The de-
cison is against Solomon. denying mis-
petition for release.
The question at issue was an unique
one, and the decisionis interesting from
the standpoint that it decides 4 ques-
ton of law never before passed upon
by a Norfolk court, so far MS is known.
The habeas corpus proceedings were
instituted by MIR. George Mcintosh, Sol
omons attorney. and the release OF the
| prisoner was asked on the ground that
| two grand juries had met since his
| incarceration and no Indictment had
| been presented against him. The case
was fully argued by MIR. Mcintosh ana
Commemorative. Attorney Duncan.
The judges decision shows that he
took the same view of the law as did
the commemorative Attorney.
THE DECISION.
The decision follows in part:
"The petitioner here claims that he
is illegally detained in the jail of this
city for the reason that he WAS COM
mitted by the Police Justice on the 18Th
| day of January, 1899, charged with
felony. aud that since that time he
I iihS pStAi III jail, anu although TWO
| terms of the Corporation Court. ut
| which grand juries were empanelled
| have passed. no indictment has been
found or filed against him.
ITO sustain this claim he invokes the
provisions OF section 1901 of the Code OF
1851, which requires that "a person in
| jail on a criminal charge shall be dis
charged from Imprisonment if a pre-
sentiment. indictment or information be
| not found or filed against him before
| the end OF the second term OF the court
NJ which he is held TO answer" with
certain exceptions which do not apply
To this case and need not be set out
| here.
ION behalf of the Commonwealth 1T
lis contcndcd that the accused has not
| been held to answer any charge in this
| court since the 18th of January but
only since the time of his last commit
ment by the Police Justice on April stu
| lS99, since which time there has been
| no grand jury.
POWER OF POLICE JUSTICE.
The accused further contends that
! as trials for felonies committed in the
| city of Norfolk can only be held in the
| Corporation Court for this city. that he
must necessarily have been held to an
| swer in that court as soon as he was
| committed To the city Jail. This argu-
ment would seem to overlook the statu-
tory power of the Police Justice to
| commit for examination and counsel
Tor the accused feeling the force of this
| objection, has taken the position that
as the former requirement of taking
All persons charged with felony before
the Police Justice for examination be-
fore they could be tried, has been done
away with. and as persons may now be
indicted by the grand jury and tried
upon that indictment, whether they
have had a preliminary examination be-
fore the Justice or not: that therefore,
all persons in jail on Il felony charge
must be considered to be there To an
swcr to the trial court and not the ex-
aiming Magistrate. 1t appears from
the successive commitments that upon
each occasion Solomon was committed
for examination every ten days until
April Sth. when his case was examined
into by the Police Justice ana the ac-
cused sent on to this court for trial for
murder.
THE LAW RECITED.
I'm order to sustain the position
TTNvTT Dy C0UTIeGT TOT Inc accused, the
coIr: would be required to decide that
the Legislature by doing away with
the requirement of carrying persons
charged with felony before an exam
ming Magistrate before they could be
tried, had taken from the Magistrate
the power conferred by chapter i9i or
the Code OF Nirginia-cdition of 1857
in reSa'i to arrest and commitment.
L ndep section 1856. the Justice is au-
thorizad 40 Issue his warrant rccitiug
the offence and requiring the person
accused 10 be brought before him. and
may require the proper officer to sum
mon Witnesses to appear and testify on
the examination. Under section Sa62 Of
the same chapter power les conferred
uDtn ',IIt.s. 1lipn-n "a aN i
nation. or trial pending before him. not
cXcecriil = ten days mt one time in
such ca:c he should be com
| mitted TO jail or recognized for his APP
rearance a the time appointed for such
| further examination or trial. Under
| section 3S65 OF the same chapter It pro-
| vidCs that ~ the accused be committed
il shall he by an cydcr of the Justice
s,&ting that ~ is committed for fur
Their cNamina iicn on Il day specified in
The order The Justice is further en-
powered Ivy section 1863 of the same
chapter to discharge the accused If he
considers that there is not sufficient
cause Cor charging him. and shall COM
init Elm 10 Jail j.. ne considers that
there is such cause. And finally. Sec
ton 500 provides that when 4 Justice
so considers that there is sufficient
cause for ohaig'rg the accused with
the cffence the commitment
shall be for trial ami the rccognizancc
be for appearance la the court having
jurisdiction of the offence. The Justice
Shall rctrrn to the Clerk of the Court
as soon as may hc a certificate OF the
nature Of the cfencc. showing whether
the accused was committed or reeog-
nizeo therefor: and the Clerk as soon
as may. be SHALL inform the attorney
for the Commonwealth in said court OF
such ccrtificate.'