The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-08-11
THE SHERIFF SUSTAINED.
Judge A. c. Allen Refused 10 Pass on
Discretionary Methods.
RESULT OF MARCELLO HABEAS CORPUS
Attorney Brockman Declared It Good
Detective Work. but Poor Law.
Testimony at the Hearing,

Judge a. c. Allen of the criminal district
court yesterday accorded habeas corpus
hearing in the cases OF Laborl and Charles
Narcotic, who are prisoners at the county
jail ON charges of numbering John Iiveri.
The style Of the wrlts by which the cases
were brought 70 the attention of Judge
Allen were; "Expartc Labor aud Charles
Marcono ex rel Luke Poioma vs. A. II.
Anderson, shenI of Harris County, The
wrts stated in effect and substance; That
on July rs the defendants were arrested
by A. r. Anderson and have since that
date been inmates of the county Jail;
that they are Italians by Sbirth. language
aud education; that they know no English
and are not capable OF communicating with
persons who are unfamiliar with the Eal-
iEn language; that ], Il. Brockman, attor-
noy for the defendants, requested the petit
toner, Luke Poloma, to go with him 10
the Jail and act as interpreter between
counsel and his clients that the sheriff re.
fused to permit counsel to talk through
tile agency OF the petitioner as an interpret
ter The prayer Of the petitioner declared
that this action on the part az the sheriff
was practical denial to defendants OF
counsel
Judge Alien ordered the prisoners brought
Into the court room. saying the desired In.
terview between clients ana counsel wOnld
not occnr until he heard tho authorities.
The men were brought from the jail ia
the court room by deputy sheriff. After
reading the prayer Of the petitioner IN ono
OF the cases MIR. Brockman stated that tho
applications were Identical and the relief
prayed Tor In each Instance the same Mir.
nroCkman stated in eject that the de.
mands az the petitioner were that the de,
fehdnnts and their attorney be allowed 10
name the Interpreter
District Attorney Lea argued that Shcrln
Anderson Is responsible 10 the STATE and To
his hondsmen Tor the safe keeping of the
sixty or seventy Inmates Of the county
Jail. The fact that he had refused a par
tienlar Interpreter admission to the Jail
merely discretionary precautlon on the
part of the sheriff
Mr.. Brockman argued that the relator is
an Intimate friend OF the accused parties.
and that Il requircd that kind of a man la
act MS n medium between counsel aud tho
accused Mr. Brockman detailed the re-.
fusal 81 the sheriff 20 admit poluma to the
Jail sitter questioning him, Mr. Brockman
said the shtriN had suggested another In.
tofp,irr, hut thai he did not care 10 nave
a man who assisted Ia lnyelgling a state.
ment nom thc defendants.
stated that ! ronld see the clients ms
often as ! wished lie was very gentle.
manly 20 me, bur very firm in refusing ia
admit Poloma. He stated THAI any man
satisfactory TO him would he admitted
Luke iolcna, the IelatoT, was placed on
had employed Mr. Brockman as counsel
IL the cases on last Thursday morning.
Witness knew the two defendants wit
mesa testified that Charles Marcell0 doesf,' ;,
speak enough English 20 communicate witt,
any snei no understands the language SUN.