The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-11-30
HILL IS RELEASED
BY SUPREME ( | I COURT !:
Judge Keith Writes Opinion
Sustaining Motion for Writ
of Habeas Corpus. y.
THE EFFECT is FAR REACHING
Person Cannot Be Held Upon
Mere Suspicion Of Having
Committed Crimes.

In decision which emphasizes the
cannot be detained In custody upon q
nero suspicion OF crime. unsupported
by evidence sufficient to warrant spe-
cinc charges In the mittimus upon
which he is sent to jail, the Supreme
Court yesterday released Claude Hill,
the negro suspected of having commit
ted assault recently on young white
woman in the East End.
Hill was at once rearrested by the
United States authorities on a warrant
charging him with damaging a mailbox
In North Carolina. He was taken be.
fore United States Commissioners Joseph
p. Brady and promptly bailed for his
appearance on December 10th In the
sum Of 800. the evidence against
him appearing very weak. The decis-
ion Of the Supreme Court enunciates no
new principle, though It's effect will
be far-reaching,yin that 1t will make
police justices and magistrates more
careful about committing people to
jail when they are not In position
to confront them with specific charges.
There was some suggestion that Hill
would be arrested on a new warrant.
should he be released by the Federal
authorities. but for this there is no
foundation. 1t may be stated on an-
thority that there never was any d.
rect evidence against the negro. and
there are no new developments which
would tend to strengthen the suspicion
against him.
Ancient Doctriuc.
The proceedings in tho case came
before the Supreme Court on a writ
of habeas corpus sued out by The prls.
oner. through his counsel, Mr.. David
down by the court is as old as the
Bill of Rights, where its foundation
lies.
After quoting from Section s. OF the
number OF decided cases the court, in
Its opinion.> written by President
Keith. says:
ut appears from affidayits in
this case. that there had recently
been committed within the city OF
nature. Acting upon information
In his possession the police officer
arrested Claude Hill upon suspicion
Of being tho perpetrator of this
crime. Instead of charging him.
however. with being suspected OF
this specific offense, he was ar
rested and Is held merely as
suspicious character.
I'VE are of the opinion that 1t
was proper for this officer to ar
rest the prisoner II he had reason
able ground to suspect him OF
having committed aigfelony or the
felony to which allusion has nj
ready been made. and that having
fore the Police Justice under such q
circumstances, 1t became the duty
OF the Police Justice. without un-
necessary delay. to formulate
s sgsnas the semp oraoner in %rl5ng
him of the offense with the con-
mission of which he stands &C
cused. upon which complaint the
prisoner may legally be held until
the !. case is d d Of aeeording
the Commonwealth. the hearing
able time. not exceeding ten days
at one time, without his consent
Code of Virginia, 1904, Section
Detention Unlawful.
course indicated pPfn has not b aeI pune she
sued in this instance. we are Of
The opinion that the detention of
The distinction is broad be-
tween holding prisoner because
he is suspected of,the commission
OF specific offense, for such rea-
& SOUdUle5 LlHlt6 us kcIldDleS 5L1c SOnl-
monwealth to investigate his con
nection with 1t, and the proceeding.
In this case of holding him upon
warrant which merely charges
that he is suspicious character.
We are, for these reasons of the
opinion that the return OF the SER
geant of the city of Richmond does
not show that the prisoner is held
in accordance with the law, and
that he is entitled to his dis
| charge"
The opinion is an able and exhaus-
\ tive one. and 1t cXpounds the law so
CLEARLY that any layman can readily
grasp It's meaning. 1t will affect
criminal conditions materially all over
the State. and especially In the cities,
i where men are sent to jail frequently
j on a charge no more specific than that
/. of being Hsuspicious characters" The
principle Is a very simple one. and the
officers nearly all7understood it at first,
but they often took the risk of VIC.
lating It 1.-the opeS OF land Ing. real
4 ~ ct Svf1 I'll