The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-09-12
rowEI, OF POLICE COURTS
Test Case To be Made I'm Ra.cigh-Gov.
ernor Leaves Today ON His Ncw
England Tour-Liauor Dealers Fail
to Ge. Enough Signatures on ccfi.
tion for Election on saloons.
Messenger Bureau.
Raleigh. n. c.. September :.

Raleigh. n. c.. September :.
Governor Glenn leaves tomorrow for
the New England states on his speak
ing tour. and will return about the
end of the month. While away he will
of course b. the recipient OF many So
cial functions.
A square test is TO be made OF the
law by which the police justice OF this
city can send persons 10 the roads d.
rect or can impose fines, all without
a trial by jury. In the case of the wom-
an. convicted Of keeping a disorderly
house in the tenderloin district here.
Bertha Brown, by name, who was fined
800. In another case q negro was
sentenced To the roads for 90 days for
gambling. and another for six months
for assault with deadly weapon. at
torney j. c. L. Harris said today tnat
he had for some time been waiting
for an opportunity To make test case
and so took this matter, as regards
these three persons, before Judge Pur-
nell of the federal court The conten-
ton of Mir. Harris is that a warrant
on information and belief, such as
and void, and second that II is ir rio-
lation of the 14th amendment of the
United States constitution, 10 deny
n trial by jury. He cites In point the
case of Jameson VS.. Wimbush, this
being the case decided by Judge EN-
ory Speer from Georgia, and also
case from Ohio. that of Callahan VS..
Wilson, decided by Judge Harlan OF
ha
Harris says the state OF Georgia never
appeals from the decision OF Judge
Speer. The case recently came bcfote
the supreme court from Asheville. but
Attorney Harris says does not apply
to cases now taken before Judge Pur-
nell, under habeas corpus proceedings.
The Supreme court held that the leSis-
lature had a right TO give police JUS
tice power TO try, as maistrate na5
it and to further give Jurisdiction
of all the petty misdemeanors. The
recorder of Charlotte binds over, while
the police justice here imposes direct
sentences. 1t seems that there is also
a change in the road law here in Wake
by which the county commissioners,
as commissioner of roads have the
power to take prisoners from jail, to
lHSs HdNt Decu ocllthtCA, aAAa
put them on the road for the term OF
sentence.
There is a great deal of talk now
about the terrible affair at the Central
hospital and 1t appears to be the gen.
eral opinion that it will take a greater
extent than 1t first appeared and may
lead to wide inquiry. The directors
meet next Wednesday and will take
up the whole question OF management
and treatment of patients here. From
time to time wild stories have been
rent, but happily these, when run
down, have proved in the past TO be
baseless, one or two other rumors are
current, but happily these, when run
tigated. The judicial proceedings N
the Nall case will also be wide-reach-
ing in their character. II was thought
that perhaps the coroner's jury would
bring in some other persons in Its
findings, but it did not do so.
The liquor dealers here failed by Is
names to get enough to have the board
of aldermen call an election on the
question Of open saloons, so this mat
ter goes over until next year. any way.