Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-10-23
ORDERS RELEASE
Justice Bradley's Action Under
Habeas Corpus Proceedings.
ABSENCE OF ANY SPECIFIC CHARGE
Arrests Made on TeIegraphic
Request From Chicago.
CASE OF CHARLES DUVALL

Justice Bradley of the Supreme Court OF
the District of Columbia yesterday after
noon rendered decision in the habeas cor
pus proceedings, mentioned in The Star OF
yesterday, instituted in the interest Of Geo.
H. Wilson ana Charles NJ. Bush who were
recently arrested in this city on a telegram
from the chief of police in Chicago. the re-
suit Of the decision being the release of the
prisoners. Detectives from Chicago claim
the two men are well-known criminals,
whose right names are, respectively, Harry
Dubois and Charles NJ. Fegenbush, and say
they are wanted on charges of swindling to
the extent of $4,000 through the sale of
bogus mining stocks. The prisoners were
represented by Campbell Darlington and
the United States by Assistant District At
torney Hugh T. Taggart. Both submitted
arguments. An affidavit from Major Syl-
vester. superintendent Of police, was placed
in evidence. 1t declared that a requisition
for the men was probably en- route to TINS
city. 1t was argued that the men should be
held in the interest of abstract justice.
Justice Bradley decided that the tele-
gram from Chicago, another Jurisdiction,
was not sufficient right for the arrest. and
that the Supreme Court of the District
could not issue warrant in view OF lack
of proper specification and evidence OF the
alleged offense. He said the plain letter of
the law left him course but to release
the men, and cited similar cases in other
states.
Arrests Without Warrant.
Justice Bradley said the question in the
case was whether the court should recon-
nit the men until the arrival of requisition
papers or whether they should be released
from custody. A man should not be
arrested without proper warrant and de-
is made against him. The Constitution guar
antees the citizen certain rights, and this Is
evidenced in article 4 of the amendments,
which provides that no person shall be de-
prived of his liberty without proper war
rant Of arrest. These men were detained I'M
der circumstances that the court could not
countenance, even if the offense were COM
mitted in the District of Columbia The
charge was brought in such a way that the
court could not recognize 1t. They were
charged with having committed an Of
Tense in Chicago, with being fugitives from
justice. simply passing through the city.
They might be all that, but the fact Of an
offense having been committed must be
evidenced in a way which the statutes pro-
vide. No one. whoever he may be. the judge
said, has authority to make arrest for out
side jurisdictions unless on a warrant from
the chief justice of the supreme court Of the
Jurisdiction N which the arrest Is made.
and the statutes expressly provide that he
shall issue such warrant only when a de-
mand for such arrest, accompanied by an
Indictment or affidavit, has been produced
before him. Then only can he issue war
rant for the arrest Of an alleged fugitive
of justice.
Governed by Statutes.
The judge said the court must be gov
erned by the statutes. In the absence Of
| power conferred by statute the court is
| without authority to hold for extradition.
1t has been asserted in connection with
| thaSa hot oP IN
| terests between the authorities of the Dis
| trict and those of other places justifies the
holding Of alleged fugitives until the ar
| rival of requisition papers which may have
law justified an evil deed that good may
| result. He did not think 1t paramount
| duty to hold these men in the interest
OF abstract justice The affidavit must
| some degree of precision. There must be a
clear statement of the details of the crime
The men here are charged with obtaining
| $3.50 by means of confidence game. 1t is
an offense unknown to common law; it is
not defined by law. 1t appears that
| the men were detained in police
station without authority of law, and the
| only reason for holding them was a tele-
gram from some source in the city Of Chi
cago informing the local authorities that
| the men had committed an offense in that
| city.
Upon being released. the two men at once
| entered carriage and departed hurriedly
for Alexandria. They left an order with
| Mr.. Darlington for their effects at police
| headquarters.
Defective Papers.
Justice Bradley also released through
habeas corpus Charles Duvall on account OF
defective Police Court papers
| Major Sylvester. superintendent of DO
lice. was much concerned over Justice
Bradley's decision, and in speaking of the
| ooc Of he
| washington bids fair to be the haven
of rest for the fugitives of the country
| With the near approach Of the centennial
celebration, the inauguration and other like
| events, which attract crooks from all parts
| the police of the District will be powerless
| in dealing with this class. According to
| the decision Of the court the police are
prevented from taking into. custody fugi-
| tives of any and every description, no mat
| ter how heinous and grave the crime. In
| other words the court has laid down the
law for this department that it will be
! necessary for US to have in hand papers
from other jurisdictions for service before
| we can apprehend. 1t means that if an
! officer is aware of the presence of a muir
derer in this city and attempts to arres,
| him, he does SO at his peril.
| 1T will be very strange if the depart
ment is deprived of the power to arrest as
| Migrants persons of evil repute. strangers
who come into the District and take up
location. The police will still continue to
| arrest and confine persons with police rec
ords found here unable to explain thei1
presence. and all such will be taken be-
! fore the Police Court judges long as
those judges continue to protect citizens
against losses Of property and injury tC
person. The Police Court judges very prop
erly have stood by the department in SEN
| fencing men found here, without any rea,
sonable explanation for their presence. who
have records of crime here or in Other
| states
Justice Bradley today called upon Mr.
| Mcfarland, president of the board of Dis
| trict Commissioners Mr.. Macfarland was
| out at the time, however. When asked il
| his visit had anything to do with the com.
ment Of Maj. Sylvester upon his decision
Justice Bradley said he preferred not K
make any statement on the subject.
SENT TO JAIL FOR CONTEMPT.
City Councilman Steuer of Cleveland