Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03
THE JAMES SANDERS CASE.
Justice Nash Dlsmisses the Original
Warrant and Another is Sworn
Out Upon Which Sanders
Is Held

Tn the Police Court yesterday morn
ing the case Of James Sanders. charged
with having negligently suffered Wal
| ter Cotton, u convicted feloE, to escape
from the city jail, was heard by JUS
| tice Charles r. Nash and dismissed.
This warrant was drawn under Sec
ton 1858 Of the Code Of Virgini,,, which
is as follows: IF any jailer or other
officer negligently suffer person con-
victcd of. or charged with. felony, to
escape from his custody he shall be
confined In Jail not exceeding six
months, or be fined not less than fifty
nor more than five hundred dollars"
Captain Marshall, counsel for Mr..
Sanders, raised the point that his client
had never been sworn in, in accordance
with section 16S of the Code, which
reads: Every person before entering
upon the discharge OF any function as
an officer of this State shall take and
subscribe to the following OATH" which
is the usual oath Of allegiance to the
State and United States, in conjunction
with the anti-duelling oath.
This. 1t was shown by evidence, had
never been done by MIR. Sanders, and
the contention of Captain Marshall
that Sanders was not an officer OF the
State, having never been duly sworn
tanned by Justice Nash and the war
rant dismissed
SANDERS STILL HELD.
Immediately Sheriff Williamson
Smith swore out another warrant
against Mr. Sanders under section 1872
of the Code, which reads: "If any OFF,
Ger or person mentioned in section 16S
or 1T shall act in his office, post or
trust before taking such oaths, or CIV
Ing such bonds. as are required by law,
he shall forfeit not less than one hun
dred nor more than one thousand dol
lars"
Colonel K. r. Griffin was present to
represent the State, and he took issue
With Captain Marshall, when that gen.
lehman said, in asking the quashing OF
this Warrant that-the- section under
which the warrant was drawn did not
apply to this case, as Mr.. Sanders oc-
cupied a similar position in this par
ticular case as did member of sher-
IFS posse, who might be summoned
at any time, and act in the capacity
for which he was summoned without
being required to take or subscribe to
an oath. and though n prisoner did es-
cape could not be held responsible for
II.
Colonel Griffin comhatted this argu-
ment by saying that the statutes went
farther than saying any officer. 1t said,
continued he, that ANY officer or per-
son. who shall act in any Office. post
or trust" without taking the oath was
nmenablc to the section 1872. the one
under which this warrant was drawn.
He said Mr.. Sanders had accepted the
position. drawn his pay for it, and had
filed the office, post or trust, actively,
and though he might not, in the strict
est sense, come under the head of an
officer, he had actively engaged in n
post or trust for the State. and with
the States sanction and assent. with
out first doing that which the State said
he should do. !. G. take the oath. He
had, said Colonel Griffin, n special and
specific duty to perform for the State.
He had not qualified himself to perform
that duty. hence he was responsible Ia
the state for that omiss on.
This case was heard by Mayor Baird
who announced at the conclusion OF the
arguments that he would take the mat
ter under advisement, aud would rem
der his opinion this morning. Captain
Marshall asked that his client be allow
cd bail, which was areed 20 by the
Mayor who fixed the bail bond at
$1,000. which Mr.. Sanders could not
give, and he was detained.