Amador ledger. (Jackson, Amador County, Calif.) 1875-19??, 1901-08-09
MMUNICATlON.
JACKSON, August 5. 1901.
Editor Ledger:


McGregor and believing that you have
been misinformed in relation to the
facts in the premises, and that both
sides to controversy are entitled to a
fair and impartial hearing, and know
ing of no other way of reaching the
readers of the Ledger except through
its columns, submit the following:
On the evening of July 10th there
appeared on the Main street of Jack
son a stranger accompanied by little
girl, who at the time he claimed to be
only six years old, and gave an. exhibit
ton with the child, the horrible de-
tails OF which has already been pub
lished. 1 witnessed the exhibition, but
not being certain as to the law in such
cases, and desiring to be right, l took
no action at the time, intending to
look up the law at the earliest oppor-
tunity. Shortly afterward, during the
same evening, l was informed that the
same man was running game on Main
street, for which our county ordinance
(No. 81, section 10, subd. 1D provides a
tax of two dollars per day. l arrested
trict attorney for the purpose OF enter
ing complaint, but upon listening to
his story 1 relented aud let him go
upon the payment of the license, 81. 90.
The next morning looked up the law
and found the following: Section Ct;
Section 272 of said Code is hereby
amended to read as follows:
272. Any person, whether as parent,
relative, guardian, employer, or other
wise, having the care, custody, or con-
troll OF any child under the age of four
teen years, who exhibits, or employs,
or in any manner or under any pretense,
sells, apprentices, gives away, or let's
out, or disposes of any such child to
any person, under any name, title, or
pretense, for or in any business, exhi-
bition, or vocation, injurious to the
health or dangerous to the life or limb
of such child, or in or for the vocation,
occupation, service, or purpose of sing
ing, playing on musical instruments,
rope or wire walking, dancing, beg
ging, or peddling, or ss gymnast,
ACROBAT, contortionest, or rider in any
place whatsoever, or for or in any OBJ
scene, indecent, or immoral purposes,
exhibition or practice whatsoever, or
for any mendicant business whatsoever
Or causes, procures, or encourages such
child to engage therein, is guilty of
misdemeanor, and punishable by fine
of not less than fifty dollars nor more
than two hundred and fifty dollars, or
by imprisonment in the county jail for
a term not exceeding six months, or by
both such fine and Imprisonment.
Section 68. A new section is here
by added to said Code, to be numbered
273, and to read as follows;
273. Every person who takes, re-
ceives, hires, employs, uses, exhibits,
or has in custody, any child under the
age and for any of the purposes men
toned in the preceding section, is
guilty of a like offense, and punishable
by like punishment as therein pro-
vided.
''Section 273a. Any person who will
fully causes any child to suffer, or who
inflicts thereon unjustifiable physical
pain or mental suffering, and whose
ever having the care or custody of any.
child, causes or permits the life or
limb OF such child to be injured, and
any person who wilfully causes or per-
mits such child to be placed in such a
situation that its life or limb may be
or its health likely to be
injured, is guilty of misdemeanor.
Believing that the law had been
plainly violated, and in pursuance of
what l believed to be my sworn duty,
l arrested the man. AS soon as could
find the district attorney l lodged
procured a warrant, and
brought the defendant before the
Thereupon the defendant
was admitted to bail in the sum of
fifty dollars, which he put up in cash.
At the same time the defendant asked
the justice to restrain me from inter-
fering with his exhibition pending the
defendants trial. The defendant was
thereupon informed by his own at
torney that he was liable to arrest
every time he attempted like per-
Torrance. The same evening he went
upon the streets and gave another ex-
hibition which saw and which I be-
loved to be in violation of law, and l
again arrested him and placed him in
jail. The next morning as soon as I
could secure q warrant l brought him
before the justice, who fixed bail in tho
sum of one hundred dollars. The de-
fendant's counsel then asked to be per-
mitted to withdraw the fifty dollars
deposited as bail in the first case and
the defendant was committed to nv
care pending trial. The result of the
two trials Is well known to the readers
OF the Ledger. At no time In either
arrest, or during his incarceration, did
l in any manner abuse or mistreat de.
PENDANT, or the woman who claimed to
be his wife, or deny either of them any
privilege they were entitled to under
the law, for if had done so they had
an attorney and he could have pro-
ceeded against me for any infraction OF
the law. During the whole proceed
ings l was actuated only by the desire
to protect the child, and to enforce
what believe to be just and proper
law. So much for the snake man.
Now let's see about making the arrest
without warrant, etc.
Section 1856 of the Penal Code reads
as folloWs;
Sec. 1856. A peace officer may make
an arrest in obedience to warrant de-
livered to him, or may, without a
arrest person.
First. For public offense committed
or attempted in his presence.
Second. When a person arrested has
committed felony, although not in
his presence.
Third. When there is reasonable
cause to believe that such person has
committed felony,
Fourth. On charge made upon
cause OF a commission of a
felony by the party arrested.
''Section $40. If the offense charged
is felony, the arrest may be made on
any day, and at any time of the day or
night. II it is q mtsde meen9r the sr-
rest cannot be made at night, unless
upon the direction of the magistrate,
endorsed upon the warrant, except