Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-07-26
ATTORNEY
PROTESTS
EsTELLE coRwELL SENT TO THE
COUNTY JAIL
PROSECUTOR FIGHTS ACTION
VIGOROUSLY
Fleming Issues Statement to the Erect
That Removal of Prisoner Would
Seriously Embarrass Police
Department

accused of a felony mas peeh oiueiS
taken from the custody of the chief OF
police of Los Angeles and sent to the
county Jail by a justice of the ponce
court prior to the preliminary hearing
of the case. The person so sent yester-
day was Mrs. Estelle Corwell, charged
with the murder of George T. Bennett
Deputy District Attorney Fleming
fought out the issue with LeComote Davis
before Justice Chambers yesterday and
the latter decided the issue by over
ruling Fleming's motion to keep Mrs.
Corwell in the city Jail and ordering that
she be sent to the custody of the sherlH'
The original warrant on which she was
arrested reads committed for custody TO
the sheriff of Los Angeles county.
JJp to yesterday all felons were sent
to me custody of the chief of police when
they had been arrested by police ofhcers.
The precedent established is one that
might take all except misdemeanor pris-
oners to the county Jail and cause 1t TO
be almost as badly crowded as the city
Jail is
The reason LeCompte Davis gives Tor
his desire to ha- Mrs. Corwell con-
fined in the county jail is that he does
not wish her to be interviewed by ponce
officers or by physicians except as they
have his permission.
He saws DIR. George w. Campbell went
to Mrs. Corwell and told her that he
Davis, had sent him there to talk to her
about the shooting. The woman believed
the tale and spoke freely. Campbell is
said to be an expert on mental conditions.
Fleming says that he told Campbell to
go to the woman and to observe her.
but not to talk to her. When Davis heard
of the action he became very much in
censed and called it an outrage for any
doctor or anyone else to try to get in
formation from his client.
Justice Chambers said tat the woman
ought to be sent to the county Jail be-
cause the conditions in the city jail were
not suitable to a woman's confinement.
Fleming disputed this, but the court re-
NAMED firm in its decision. Detectives
Hosick and 5seigler walked Mrs. Corwell
to the county Jail in pursuance with the
courts order The patrol wagon was not
used. because it was explained 1t would
be humiliating to the woman.
Apropos of the courts action in remoV-
ing Mrs Corwell from the custody OF the
chief Of police, Mr.. Fleming gave out the
following statement last night:
Would Menace Justice
1.-THE order of Justice Chambers in the
Corwell case is one which, if followed in
all other felony cases, would seriously
cripple the work of the police department
of the city of Los Angeles and be a
serious menace to the proper punishment
of persons committing felonies in the cor
porate limits of the city of Los Angeles
and apprehended by the police.
Realizing that this is the first time
in the past fire years that an attempt
has been made to take prisoner charged
he tAdJ of tn
chief of police, pending preliminary ex
animation, asked the court if 1 was to
understand that this procedure was to
be followed in all other felony cases;
the reply of the court was that the order
in this case was made by reason of the
conditions existing in the city jail.
LAS 1 understand it the Accommodations
in the city Jail have always been ample
to provide for all women prisoners, and
regret that the order has been made in
this case, for it will seriously embarrass
the prosecuting attorneys Office and the
police department if felony prisoners are
removed to the county Jail pending pre-
liminary examinations on application of
their counsel.
Wants Rights Upheld
ST do not question Justice Chambers
order, nor do 1 criticise him for making
the order that he did in the Corwell case,
for 1 believe it my duty to re-
spect the orders of the court and Justice
Chambers has been many years upon the
beneh and was formerly a prosecuting
officer and is a justice in whom 1 have
full confidence.
my statement at this time is prompted
only by a desire to have the rights of
the police department upheld in order
that the best results may be secured for
the citizens of the city.
"If it were not for the energetic work
of the police department in investigating
cases after arrest and before the prelim-
mary examinat ton many of the most
notorious criminals prosecuted before the
city justice courts in the years past
would have escaped punishment.
Burden on the Sheriff
1.-THE chief and the captains keep in
close touch with every case, and, as a
prosecuting officer. know it is to the in
terests of the public that prisoners should
be kept in the city Jail pending prelim-
mary examination for the reason that
the police have made the arrest and in
vestigated the case and are in thorough
touch with the situation; whereas If the
prisoner was removed to the county Jail
the sheriff and his deputies, not know
ing the details of the case by reason of
not having investigated the evidence,
would not be able to understand what
persons should not be allowed to see the
prisoner; and further than that, it would
be imposing upon Sheriff Hammel an
unnecessary burden and one which it
has never been contemplated that he
should assume and which he could not
handle satisfactorily with the force of
men now allowed him by law. 1t would
not be reasonable to expect that, if pris-
oners are removed from the jurisdiction
of the police pending the preliminary
examination, the police should subpoena
the witnesses and assist the prosecuting
attorney in preparing the evidence;
therefore that burden would devolve upon
the sheriff.
County Officials Keep Away
but such a situation does not confront
him under the law The law now upon
the statute books is sufficient to author
ize the commitment of felony prisoners
to the custody of the chief of police
pending the preliminary examination.
THE chief of police and all police Of
ficers are peace officers under section
S17 of the penal code, and section 1853 of
the penal code reads as follows: The
within named -, having been brought
before me under this warrant, is COM
rntffed for examination m the aherfff of