The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-08
Habeas Corpus Before
Judge PurnelI.
IN CASE OF GAMBLER
Osborn Brown Sent to Roads for Nine.
ty Days Alleges That His lmprison-
ment is in Violation of Constitu-
ton of United States.-- lmpor-
tant Question.

Messrs. Harris & Harris, attorneys
fo% one Osburn Brown, who was tried
and convicted in the court of Police
Jupstice Thomas Badger on the charge
of conducting a flaming house, and
sent to the roads for 80 days, will to-
day apply to Judge Purnen for a
writ of habeas corpus. alleging that
the sentence was void and violative
of the Constitution of the United
States.
The grounds given in the petition
are that the warrant was sworn TO by
the chief of police on information
and belief; that the act creating the
court was unconstitutional in that 1t
takes away the right of trial by jury,
and that the punishment inflicted is
such as tends to degrade the prisoner
who has been convicted of mlSde-
meanor and sentenced to imprison-
nlent i'm the company of felons and
made to wear stripes.
The case is of the greatest impor-
lance, as it involves the constitutions
ality of the several police justice and
recorders courts in the State and
strikes at the root of the county road
system, which has been developed
minor offences to work on the publlc
highways.
The petition follows closely the de-
cisions of Judge Emory Speer, of
Georgia, which created considerable
comment when rendered a year or
more ago. A new point involved, how
ever. is the contention that the old
practice of an officer of the court
swearing out warrant on "informa-
ton and belief is unconstitutional.
If Brown is released by Judge Pur-
nell it is likely that the city will carry
the case to the Circuit and possibly to
the United States Supreme Court.
Lucy Brown, a sister of the prls-
oner, signs the petition in habeas cor
pus The allegations contain a Sc
we're arraignment of the police justice
system and that of the county roads
form of Imprisonment, many OF the
expressions used therein being copied
from the decision of Judge Speer.
Allegations in the Petition.
The petition is addressed to Thomas
r. Purnel, judge United States Court,
the allegations therein being that Os-
burn Brown was arrested on the 31St
day of July 1905, by a policeman
of the city of Raleigh on warrant
sworn out on information and belief
by j. II. Mullins, chief of police OF
said city, charging said Brown with
the keeping of gaming house in the
said city; that on the 1st of August
said Brown was tried before Police
Justice Badger on said charge, founi
. guilty and sentenced to so days inn
prisonment in the county Jail and that
he work on the roads during his period
of confinement. That under the
sentence of the police justice said
Brown was sent to the Jail and thence
to the roads where he is now work
ing under the custody of Mr.. Henry
Holding, superintendent of the county
roads. He is now wearing stripes,
the badge of infamy and that of a
felon, and the insignia of the peniten-
tiary He wears the coarse stripes,
thick with the dust and CRIME of these
long torrid days of a semi-tropical
summer, during the long hours OF
work from light to darkness, with
bAief intermissicn with the guards
armed with shot guns and rifles, ready
and willing to shoot any convict who
might flee from this Siberia located in
the heart of a civilized State
And the boss who applies the lash is
among the guards and is armed with a
leather strap about three feet long,
ready to administer corporal punish
ment in palpable violation of the
State Constitution
The petition further alleges that the
act of 1905 creating the court over
which Justice Badger presides. denies
the right of trial by jury; that the
warrant on which Brown was tried is
void on it's face and all proceedings
hereunder void and in violation OF
article 4 of the amendments to the
Constitution of the United States, be-
cause the charge laid therein wa1
made upon information and belief.
Petitioner also alleges that the inn
prisonment is Illegal and void under
the provisions of article of the Con.
stitution of the United States; that
petitioner alleges the imprisonment to
be void as being in direct violation OF
the fourteenth amendment OF the Con
stitution of the United States, because
he has been denied the due process ol
the law.
The papers will be handed to Judg"
Purnell by Colonel Harris this morn
ing and he WILL of course, at once
issue the writ fixing the day on which
he will hear the case.