The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-23
WILSON AND BUSH RELEASED.

Judge Bradley Declares They Were
Held Without Warrant of LAW.
Justice Bradley yesterday ordered George
H. Wilson and Charles f. NJ. Bush, who
were arrested by the local police on last
Friday, TO be released from custody. The
question of the authority Of the local po-
lice to detain the prisoners came before
the court upon the consideration of their
petition for writ of habeas corpus to
secure their release from custody. An
examination of the records of the pro-
ceedings under which Wilson and Bush
were arrested and detained in custody
showed that they were apprehended with
out warrant. Justice Bradley ruled. as
in former instances, that the local police
have no power to arrest and deprive any
person of their liberty without a warrant
properly sworn to, and ordered the pris-
| oners to be released from custody.
In disposing of the matter Justice Brad
ley said substantially:
Justice Bradleys opinion was not writ
ten. The court spoke in part as follows:
Il do not think it is light thing that
man should be arrested without warrant
and detained in unlawful custody. / think
the constitutional guarantees were intend
ed to effect some useful purpose. These
| men were detained in custody under such
circumstances that II charged with an
offence of which our courts might take
cognizance they would still be entitled
to their liberty. But it is said they we're
simply passing through Washington to
avoid the authorities of Chicago. That
may be. But the offence charged to have
occurred without the District should be
considered in the manner prescribed by
law. The law provides that the Chief
Justice Of this court. acting as the execu-
tive Of this District, shall issue a warrant
for the arrest of such accused persons
only on demand from the Governor of the
State wherein the offence is alleged to
have been committed. accompanied by a
copy Of the indictment or warrant. II the
police can hold any person in aid of a
possible extradition. why cannot they hold
persons and extradite them? If that is
the law the interest of all the citizens is
in great peril"
The court then outlined a case wherein
any citizen Of Washington in another city
should be incarcerated. not on a warrant,
but on a telegram from some one in this
city, arguing that by such law as was con-
tended for by the District Attorneys Of
fee any person might thus be held from
day to dav.
ut doesn't do to say Possibly these men
are not innocent" continued Justice
Bradley. Maybe they are. The pre-
sumption is they are innocent. And if I'M
der the circumstances the Chief Justice
has no warrant to issue writ for their
arrest clearly the Metropolitan Police have
no authority to deprive them of their lib
erty. have found i, necessary on more
than one former occasion to declare such
detentions Illegal. II the court cannot
ify-t IN
for arrests Of this sort the court is without
authority to detain the prisoners. Its duty
is to execute the law. no matter what the
moral considerations which may be urged
without the law. The prisoners are or
dered released.
Campbell Darlington represented the
petitioners and Assistant District Attor-
ney Hugh T. Taggart appeared for the
Government. 1t was contended by Mr..
Iaggart that the prisoners were being de-
tanned in custody awaiting the arrival of
a requisition from the Governor of nil
nois. which he assured the court he was
informed, and had reason to believe. was
in transit
Wilson and Bush were arrested by De-
tectives Helan and McNamee on tele-
graphic information received from Chi
cago last week.
Justice Bradley also ordered Charles |
DuVall, who was convicted in the Police |
Court on October IL of making an OBJ |
1ectionable exposure of his person and |
sentenced to Imprisonment in the work |
house for $50 days, to be released from |
custody. The matter of the detention Of |
Duvall was also called to the attention of |
the court on a petition for writ of ha- |
beas corpus, to secure the release of the |
prisoner. Attorney A. S. Colyar. who rep |
Duvall. contended that his arrest |
and detention were Illegal because the !
information upon which he was tried was |
not sworn to by a proper officer. This |
view of the matter was sustained by the |
rourY