The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-15
WORK FOR THE COURTS.
The Petition for Writ of Habeas
Corpus for Alleged Warrants,

WUhh COIL LIE OUUhlS.
The Petition for n Writ of Habens
Corpus for Alleged Warrants.
1t is expected that Justice Bradley will
today announce his decision in reference
TO the petition of Frank Morris Lewis
Clark, and David Collins. for a writ of
habeas corpus to secure their release
from the workhouse. The question came
up for argument on last Friday on the
return of Walter H. Stoughtenburgh, in
tendant of the workhouse. The answer
simply stated that the prisoners were
held upon commitment from the Police
Court. Argument on the questions in
volyed was. however. not completed at
the hearing on Friday, and will be con-
tinued and concluded today, when it is
expected the court will dispose of the
matter.
According to the allegations set forth
in the petition for the writ of habeas cor
pus the prisoners we're arrested on the
night of October by local detectives.
They were taken into custody, 1t was
stated, without a warrant, and held on a
charge CT vagrancy and were tried in the
Police Court on October 6 and found guilty.
They were not able to furnish the fond
required by the court for good behavior
and in default of the payment of fine
imposed were each sentenced to impris-
onment in the workhouse for a term of
$50 days. In discussing the mode of pro-
cedure through which the petitioners were
placed in the workhouse, Justice Bradley
said substantially: 1T seems clear that
they were gathered in by the detectives,
punched in a single information. rushed
into court hastily tried, hustled into the
black maria and showed into the work
house"
The defence set up by the District COM
missioners was that the petitioners could
not properly ask for relief through the
means of habeas corpus. Their remedy,
ii was contended. lies in a motion for
new trial in the Police Court or on writ
of error. 1t was also admitted that if the
statements alleged in the petition are
true there would be no question of the
prisoners obtaining relief in the lower
court.
A few days ago Justice Bradley ordered
Thomas Henderson, colored. released from
custody, on the ground that the local po-
lice have no power to arrest person
accused of having committed crime in
another jurisdiction, without warrant.
authorities of having committed an as
sault with intent to kill, and the local
police were so informed by telephone. but
when Henderson was arrested no warrant
or information had been sworn out
against him, either in the District or
Maryland.
In the case of George Frazier. colored,
arrested last spring by the local police
on the charge of being suspicious
person, Justice Bradley granted petit
ton for habeas corpus and after hearing
arguments on the question released the
prisoner on the ground that there is no
such crime known to the law as 'suspic-
ious'' person The matter was taken to
the Court of Appeals by the District au-
thorities on appeal and that tribunal az
firmed the judgment of Justice Bradley.
1t is expected that William NJ. Alexan-
der, charged with the murder of Matthew
Snow on the night of August 1s, last, will
be called to trial during the early part
of next week. At the opening of the
present term of court 1t was confidently
believed by all concerned that James
Lanckton, under indictment for the muir
der of Mrs. Bette Wrenn. would be called
for trial before now Owing to trouble
between the prisoner and his counsel
however, it was necessary that the trial
between Lanckton and his attorneys.
| which resulted in the withdrawal OF one
of them from the case. The other. it is
understood. also desires to abandon the
| prisoners defence. When the matter came
| UP before Justice Clabaugh a few days
ago he allowed Attorney Mcdonald. who
was associated with Mr.. Fitzgerald in
Lanckton's defence, to withdraw, and soon
after Attorney Fred Beall, having con-
| scented to defend the prisoner, was assign
! ed by the court to the case. Mr.. McDon-
| aid, however. will be associated with Mr..
Beall as advisory counsel.
| 1t is also expected that the cases OF
Frank W. Funk and Charles L. McUin will
be disposed of in the Supreme Court OF
| the United States and the Court of APP
peals for the District, respectively, dur
| ing the next week or ten days. Mcuin
was convicted of the murder Of Robert l..
Turner and sentenced to be hanged in the
! District Jail on November 2. next, and
Funk who was convicted of the murder
| of William II. Brooks, in 1895. is under
sentence to be hanged on November n.
next.