The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-08-03
THE CHIEF IN JAIL
Sent There by Justice of
the Peace.
Charged With Contempt of Court. How
al Officer Seeking to Perform
His Duty Gets into Dur
anCe Vile.
Especial to News and Observer.)

Nopecldl 10 news anu observer
Washington, N. c., Aug. Our ex-
cellent chief Of police, George N. Ho-
ward, is now behind prison bars in
the custody of Sheriff Hodges in pur-
suance of a writ issued by Justice of
the Peace E. S. Simmons, committing
him to Jail for contempt of court The
judgment of the court was that How
ard pay a fine of ten dollars and cost
of the action. This Howard refused to
pay upon the advice of his counsel
Judge c.. II. Brown has been appealed
to by wire for Il writ of habeas cor
pus, His Honor now being in Chapel
HILL
Justice Simmons, in delivering his
opinion, stated that the respondent
Howard could not appeal from his
court or his decision.
This contempt proceedings has
aroused our community to high pitch
of excitement. The sentiment of the
community seems to be largely in sym
pathy with Howard.
On Sunday, July gath, several par
ties had a fight in a house of i'll fame
and afterwards they came down town
and went to Mr. simmons house for
the purpose Of surrendering; Mr.. Nor
wood Simmons, a son of the justice,
went with them to his fathers office.
After the parties had stated the pur-
pose of their coming Norwood 'phoned
his father, who was at his residence.
Mr.. Simmons over the phone directed
his son to draw a warrant, send for
Mr. j. l.. Lucas, the deputy sheriff,
have him swear to the affidavit and
then he could take charge of the pris-
onerS.
Soon after the first occurred Chief
Howard heard of the trouble and he al
once went to the residence of Mayor
L. r. Stewart and had a warrant is
sued for thei rarrest With this pro-
cess in his pocket the chief went in
search of his prisoners. He saw them
in Simmons office. He entered the Of
fee with his warrant and told them
they were his prisoners as he had
warrant for their apprehension. This
happened while Mr.. Norwood Simmons
was preparing warrant to which he
affixed his fathers signature by a rub
ber stamp. This writ was complete
with the exception that Deputy Sheriff
Lucas had not affixed his signature to
the affidavit or been sworn. Howard
took his prisoners to Jail.
On Monday morning following Jus
tice Simmons ha- the prisoners
brought before him and tried and
fined them for an affray. The mayor
postponed the case under his warrants
until he could consult counsel as to the
proper procedure in the premises.
The case before the mayor came up
yesterday for trial and Justice Sim
sons appeared as counsel for the de-
PENDANTS, setting up plea of a former
conviction. Messrs. S. G.. Bragaw, b.
3. Nicholson and A. ID. MacLean APP
pearing for the city.
In the progress of the case it de-
veleped that deadly weapons had been
used The mayor fined all parties in
interest under his warrant for viola
ton of a town ordinance and then
issued another warrant charging
them with an affray with deadly
Weapons and bound them over to the
Superior court.
Before the case of yesterday had
been tried Chief Howard was served
w an /, waraut to appear before JUS
1--WE of the Peace e. S. simmons for
contempt of his court. This case has
been in progress since yesterday and
has attracted attention as few cases
have in recent years. The justice
claimed that Howard entered his court
while it was in session and apprehend-
ed prisoners that We're already in GUS
tody, hence was guilty of contempt.
Howard claims that he meant no dis
respect to the court, that he entered
the office of the justice armed with a
warrant duly signed and that he was
simply doing his duty as a sworn Of
icer.
Several witnesses were examined
Justice Simmons trying the case. not
withstanding counsel for the respond
ent, Howard. in the beginning of the
case asked that the court either allow
a jury to try it or to refer same to
some disinterested lawyer. The JUS
tice said that was contrary to law and
he overruled the motion as made.
The court delivered q lengthy opin-
ION and in doing so paid his respects
to Mayor Stewart for his action in the
matter, intimating that the Mayor was
at the bottom of the whole thing. The
court said it had great sympathy for
the respondent, believing that he had
been sinned against more than sim
ming. The judgment of the court was
as above stated. Howard is now i'm
Jail. The outcome of this case is
awaited with interest
WARREN is AT NORR