The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-11
SWEATING OF PRISONERS
THE PROCESS GIVEN A BLOW BY
THE SUPREME COURT.
A Sheriff Ordered to Pay 800 Dam.
ages to a Boy-Other High Court
Decisions.

The Supreme Court yesterday decided
that Lewis w. Harness, sheriff of Howard
county. must pay Arthur Steele, Kokomo
boy, who is an orphan and musician, $500
damages for false Imprisonment. The sher-
If arrested the boy on information that he
had stolen a watch. The Supreme Court
says the power of OBTAINING the person so
arrested ION information) or restraining
him of his liberty in such case is not a
matter within the discretion of the officer
making the arrest. He cannot legally hold
the person arrested in custody for longer
period of time than is reasonably neces-
sary under all the circumstances of the
case to obtain a proper warrant or order
for his further detention. from some trib-
unal or officer authorized under the law
to Issue such a warrant or order. The
court says further:
IAN officer arresting without a warrant
cannot justify his action in holding or de-
tanning the prisoner for an unreasonable
time before obtaining a warrant, upon the
order to investigate the case and procure
evidence against the accused
This decision is regarded, as blow to
GERS in many cities, where a person is
arrested and given the sweating" without
being taken before judicial officer. In
protested his innocence, but was taken to
jail and threatened with being locked up
unless he confessed his guilt.
The Supreme Court held unconstitutional
an act of 1901 extending the time for ten
dering bills of exceptions in cases that
were already finally disposed of in the
lower or trial courts and that were pend
ing in the Supreme and Appellate Courts
on appeal. The decision will affect ap-
peals taken under the act of 1892 which
was also held unconstitutional some time
ago. After the Supreme Court held the
act of 1899 unconstitutional the Legislature
in 1901 sought to relieve litigants in the
higher courts by extending the time for
filing bills of exception in order that those
already in the higher courts might be
taken out to obtain the signature of the
trial judge. The Supreme Court in the de-
cision rendered yesterday says the Legis-
lature had no power to grant an extension
or to come into the courts after it's records
are made up and alter, add to, or destroy
them. The act of 1901 is also held uncon-
stitutional because it impairs the obligation
of contracts, judgment being a contract
of record. The appeal on which the de-
cision is made is from Hamilton county,
where John Gehbauer obtained Judgment
of $500 against Jesse 3. Johnson for loss
of his hand while working for the Indian
apois Excelsior Manufacturing Company
The Supreme Court overrules the motion to
dismiss the appeal.
The Supreme Court decided that the au-
| ditor of state must draw a warrant for
$106 in favor of Margaret Hite and others
for taxes wrongfully assessed against their
stock in the First National Bank of Mar
tinsville. The Morgan Circuit Court in it's
judgment against Morgan county, found
that S106 was for State taxes. The
auditor of Morgan county issued Margaret
Hite and others a certificate calling for s1O6
addressed to the state auditor. He refused
to pay it and a petition for a writ of
| mandate was filed in the Marion Circuit
Court, which decided against the auditor.