The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-21
In THE DISTRICT COURTS
The Recent Decisions in Habeas
Corpus Proceedings.
A Diversity of Opinion Among Menu
hers of the District Bar Concern
The Legality of "Informationsr
in the Police Courts Questioned.

The release of a large number Of pris-
cners from the District jail and work
| house on writs of habeas corpus recently
has been a subject of considerable dis
| cuSsion for some weeks among members
of the local bar. With the exception OF
one or two instances the prisoners were
confined in the jail or workhouse by vir-
tue of sentences imposed upon them in
! cases arising out of conviction in the
Police Court and the subsequent incarce-
| ration of the accused, the petitions for
their release have been based upon II e
alleged illcgality of the proceedings which
resulted in their Imprisonment
In each case it was conteRded that the
'informa ton upon which the accused
was arrested and put upon trial was de-
fective, inasmuch as it was not properly
attested and sworn to by an officer of the
| court. In addition to this, in some few
| instances, it was alleged that where the
prisoner was charged with more than one
| offence that the several charges against
him were sometime considered as one
and single penalty imposed, aggregating
the punishment for all in one sentence.
Proceedings in these cases have been
considered by Andrew c. Bradley, Asso-
ciate Justice of the Supreme Court of the
District. who held that in the instances
| presented, the informations upon which
| the prisoners were tried and convicted in
| the Police Court were defective, in not
being sworn TO by proper officer of the
| court
There is a diversity of opinion among
the members of the bar concerning the
rulings of Justice Bradley in these cases.
While the majority of those who dis
| cussed the matter are of the opinion that
the higher court will sustain the judg-
ment of Justice Bradley, still there are
othsSs who express the opinion that his
ruling Will be reversed. There is hardly
any room to doubt that in every instance
the prisoners released were guilty OF the
crimes charged against them, and for this
cause regret has been expressed that they
were released from custody. While this
may be true, it is nevertheless admitted
by great many who have considered the
matter that the prisoners were wrongful
ly committed to prison.
The question of alleged Illegal arrest
was hrst called to the attention of the
court in the case of George Frazier, col
ored, who was taken into custody by the
ponce on the charge of being a "suspi
cious character" Proceedings for his re-
lease were instituted by the filing OF a
petition for writ of habeas corpus. which
was ordered to be issued by Justice Brad
icy. when the matter came on for hear
ing, after argument by counsel for the
prisoner and for the Commissioners, the
court held that Frazier was illegally de-
tanned III custody on the ground that there |
is no such offence as a suspicious chaeac-
ter. In this case an appeal was taken to
the Court of Appeals for the District and /
justice Bradley's decision was sustained |
in another instance Justice Bradley held |
that the local police are without authority 1
10 arrest persons who are suspected of /
having committed crimes in another ju- |
risdiction without warrant
On the question of the insufficiency of |
the informations upon which several of |
the prisoners have been released two ap- |
peals have been taken to the Court of APP !
peaIs for the District. In one of these |
cases the appeal has been taken by the |
prisoner and in the others by the Govern
ment. In the case first referred to the |
appellant is Julius Latney, colored who !
was convicted before Justice Clabaugh in
Criminal Court No. l of a second offence
of petit larceny. During his trial his
counsel raised the point that the informa-
ton upon which he was convicted in the
Police Court on the first charge of petit
larceny preferrc-. against him was Illegal
because it was not properly attested At
ter an examination of the records of the
Police Court in the case Justice Clabaugh
held that the Information was sufficient
The other cases taken up to the Court of
Appeals, the appeals were from the judg-
ments rendered by Justice Bradley on
habeas corpus proceedings, in which the
prisoners have been released from GUS
tody.
In this connection it may be stated that
a local attorney has stated that in the
case Of prisoner now in Jail serving
long sentence, imposed in the United
States branch of the Police Court, he in
tends to apply directly to the Supreme
Court of the United States for writ of
habeas corpus with a view of securing the
release Of the prisoner held in custody.
This course, the attorney referred to
states, viii be pursued because the stat
ute alleged to have been violated is I'M
constitutional and in that it is In viola
ton OF the Constitution Of the United
States
On Friday last argument on the de-
mprrer TO the indictment returned by the
grand jury of the District against Frank
H Cox, charging him with contempt OF
court was heard by Justice Clabaugh
presiding in Criminal Court No. l. The
accused was represented by Attorney H.
Prescott Galley. and the Government by
Assistant District Attorney Hugh T Tag
Is novel one, having never before been
raised in the District, and so far as stated
by counsel On either side has no. been
considered in any other jurisSs ton Cox
Is charged with having wilfuliy disregard
ed and disobeyed an order of one Of the
justices of the Supreme Court of the Dis
trict presiding in equity. The matter was
referred TO the grand jury, which returned
an indictment for contempt against him.
Only in one other instance were similar
contemplated by the courts
Of the District. and in that case the mat
ter was not placed before the grand jury
for consideration. The circumstances in
both cases. however. are similar in that
the offence committed grew out Of pro-
,eedings for. divorce.
During their arguments before Justice
1labauRh, counsel on either side stated ,
hat in their study of the case they had
lot found an instance where an offender :
Under similar circumstances. had been
punished by procedure in the criminal
courts.
After hearing the arguments the court I
Ook the matter under Amusement. {
William NJ. Alexander who Is charged
With the murder Of Matthew Snow, in {
Marble Hall Alley on the night of August ,
5 last. viii be put on trial this morning ,
n Criminal Court No. !. This is the sec
nd time that the defendant has been :. .
allied 10 trial 10 answer for the murder
II Snow. On December II last he was
,laced or trial before Justice Clabaugh | ,
nd a jury but q verdict was not reached ] I
md the jurors were discharged. The |
viii be conducted by District 9
attorney Anderson and Assistant District
. -.