Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-10-15
Decision by Justice Bradley in Habeas
Corpus Case.
PARTIES SENTENCED BY POLICE JUDGE
Shown That Original information
Was Not Sworn To.
APPEAL NOTICE FILE d

Justice Bradley of the Supreme Court of
the District of Columbia today announced
his decision I'm connection with the habeas
corpus proceedings argued last Friday, and
instituted in behalf of Frank Morris, Lewis
Barker and David Collins.
Because the prosecution of these pet-
TONERS upon an information not under oath
was in violation Of the statute" ruled JUS
tice Bradley, land their detention and trial
and sentence upon such information was in
violation of the Constitution of the United
States. the entire proceeding was in excess
of the jurisdiction of the Police Court, their
imprisonment in the workhouse is unlaw-
full they are entitled to be discharged, and
it is ordered.
The petitioners alleged that the night of
the 5th instant. after the hour of IL o'clock
pm, when they were in bed in lodgings for
which they had paid, they were arrested
without warrant, and without any charge
being preferred against them, were com
PEELED to dress. taken to a police station,
locked in a cell, and the next morning car
ried to the Police Court. kept in a cell until
brought into court for trial, and then for
the first time informed by the reading of
the information filed against them that they
were charged among other things with be-
ing Migrants: that they were convicted of
vagrancy and seQtenced each to pay fine,
of $40, or upon default to be imprisoned IN
the Washington workhouse for $50 days;
that they are nov detained" in the work
house under that sentence by virtue Of
commitment of the court, and that they
''are illegally restrained of their liberty"
Prosecuted Jointly.
BY the return of the intendant of the
workhouse, which was accompanied by Ger
tilted copies of the information the COM
mitrnent and the record of the proceedings,
it appeared that the petitioners and one
other were prosecuted jointly upon an in
formation which charged them with being
"a vagrant. an idle and disorderly person;
a person of evil life and fame: a person
without visible means Of support; a person
repeatedly drunk in and about the streets.
avenues, alleys, roads and highways, to
wit b street northwest: found repeatedly
lettering in and around tippling houses on
said streets and avenues" that this infor-
nation. while signed by the prosecuting Of
fcer of the District of Columbia was not
under oath. and was not accompanied by
the affidavit of any other person; that they
were convicted collectively of "vagrancy,"
sentenced TO pay fine of $40 each. and In
default to be committed to the workhouse
for the term of $50 days each; that they
Were committed collectively until they
shall be discharged by due course of law,
and that they were detained by the re-
spondent under that writ.
1t was claimed in behalf of the petit
TONERS that the proceeding null and
void and that the imprisonment was there
fore Illegal because the information was
not under oath
Provision of Act of Congress.
1.-THE act of Congress OF June II. 1870.
provided that prosecutions in the Police
Court shall be made by Information under
OATH" said Justice Bradley, in disposing
of the matter; "also that The judge shall
have power to issue process for the arrest
Of persons against whom information may
be filed or complaint made under OATH
also that any justice of the peace may, on
complaint under oath or actual view, issue
warrants returnable to the Police Court,
against persons accused of crimes and Of
lenses committed in the District.
PLAINLY, the statute requires" continued
the court, except in case of actual view
by justices of the peace. that there shall
be a complaint under oath and an informa-
ton filed before the power to issue the
warrant of arrest can be issued. Such In
forma ton is required to be under oath by
the section of the statute quoted. I'm
doubtedly by this legislation Congress was
conforming the procedure to article OF
the amendments of the Constitution. The
amendment reads: The right Of people to
be secure in their persons. houses papers
and effects AGAINST unreasonable searches