The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-16
Must There be a Jury for
the Cases Heard.
THE HABEAS CORPUS
Attorney Harris Withdraws All but
One Contention in Bertha Brown
and Negro Men Case, and Relies
Only On Claim OF Trial by Jury
10 Free VioIators of Law.

to Free vioIators of Law.
The hear'Ig, which from its pur-
poses Is termed habeas corpus pro-
Sceeding, this for the release of four
prisoners of the city by Judge Purnell
of the Federal Court, was held yes
terday and the decision is to be given
today.
The proceedings before Judge Pur-
nell involved the question of the
Jurisdiction of the Police Justice Of
Raleigh to try certain criminal Of
lenses under the statute creating a
Police court for the city of Raleigh,
passed by the last General Assembly.
In the case the petitioners are
Bertha Brown, charged with keeping
disorderly place, bawdy house.
convicted before the Police Justice
and found 500, out on bond Osborne
Brown, negro sentenced for keeping
a gaming house, John Person, a ne
gro, sentenced for assault and Will
Snow, a negro, also for assault. the
three being sent to the roads These
are represented by Col. j. c. L. Har-
ris and Mr.. Charles u. Harris; the Po-
lice Court by City Attorney w. B.
Snow and as a question of State i'm
portance is involved, also by Attorney
General r. d. Gilmer.
In the argument yesterday Mr..
Charles L. Harris opened for the pc
titioners. then Mr.. w. B. Snow. was
heard for the respondent. Attorney
General Gilmer next addressed the
court in opposition to the contention
of the petitioners, and the argument
for it was concluded by Col. Harris.
Bertha Brown was present in charge
of Chief. of Police Mullins. the woman
from deep east being attired in
black, big picture hat with white
flowers being above her pompadour,
a gold chain about her neck, at her
throat a gold ornament, while a silver
heart adorned the front of her dress.
Over her face was a jaunty dotted
black veil, patent leather shoes be-
ing also in evidence. The three ne
groes in working clothes, just from
the roads, We're present also, these in
charge of Superintendent of Roads
Holding, the officers answering the
summons by stating they held the
prisoners in obedience to the judg-
ment and order of the Police Court.
OF the contention of the petition
ers, already printed in this paper. all
were abandoned by their counsel ex-
cept one point. this that the prisoners
had been denied the right of trial by
jury, and are deprived of liberty
without due process of law as
guaranteed under the Constitution of
the United States. 4 The contention
that warrants on information and
belief" are illegal was Withdrawn. The
contention of counsel was that the
prisoners were entitled to be discharg-
ed as they had been summarily tried
and subjected to punishment infamous
in its nature by a court which had
no authority to grant a trial by jury
and that they were denied the right
of trial by jury.
1t was urged that the constitution of
North Carolina guarantees to every
person the right of trial by jury ex-
cept for petty misdemeanors. that the
offences for which the petitions have
been summarily tried and punished
are Infamous i'm their nature and the
punishment inflicted infamous-that
they are not petty misdemeanors as
contemplated by the North Carolina
Constitution and for this reason the
petitioners were entitled to trial by
jury. that although the petitioners
have the, right of appeal this does not
meet the requirement of the 14th
Amendment of the Constitution of the
United States because if they appeal
they are required to enter into recog-
nizance for this appearance at the
Superior Court and if unable to give
this they would have to languish in
Jail until given a right guaranteed to
them by the Constitution of North
Carolina-the right to trial by jury.
that the Constitution of North Carroll
ma provides that no person Shall be
put to answer any criminal charge, but
by Indictment, presentment orimpeach-
ment. That this right was denied the
petitioners because they were put 10
answer a criminal charge" upon q
warrant sworn out upon information
and belief" That there is no provis-
ion in the Constitution of North Caro-
lima for trial upon information What
to put a person to trial except by in
dictment presentment or impeach-
ment a denial of due process of law,
and that for the above two reasons
the petitioners have been tried and
punished otherwise than by the law
of the land-that is. the right and
proper law of the State and accord
ing to the provisions of the Constitu-
ton of the State, and are entitled
to be discharged under the fourteenth
amendment of the Constitution of the
United States.
For the Police Court.
The answer to the petition as ar
gued by Mr.. w. b. Snow set out that
the Federal Court had no jurisdiction
to grant the writ of habeas corpus this
under section 1853, Revised Statutes
of the United States; that the petit
tons are based upon Article 3 of the
United States Constitution and articles
4. 6 and of the Amendments to the
United States Constitution, all of