Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-08

Mr.. Everest asking the court TO quash
the proceedings against Early was as
follows:
First. That this court has no jurisdic-
ton of the person of the defendant for
the reason that the information and pa
pers on which the warrent OF arrest was
issued are not signed by any deponent
or affiant, and that this defendant is de-
priyed of his liberty without due pro-
cess of law, contrary to the fifth amend
ment of the United States Constitution.
and that due process of law as applied
TO miSdemeanOrS, requires sworn anu
duly verified information, deposition, or
affidavit to be presented and filed with
the court as basis for issuing war
rant of arrest.
Second. That this court never had
and has not now any jurisdiction of the
alleged offense charged In the informa-
ton and papers on file for the reason
that said papers purport to charge an in
famous crime for which the defendant
ran only be held to answer on present
ment or indictment of a grand jury as
guaranteed to every citizen of the
United States by the fifth amendment
OF the Constitution: and that the de-
PENDANT is such citizen, and an hon
orably discharged soldier of the United
States Army; and that for above rea-
sons the act of Congress approved
March 3. 1897, is so far unconstitutional
and void
Third. That the information and pa
this defendant was arrested fail to allege
or set forth that the alleged offense was
committed by this defendant with any
criminal or evil intent, or willfuily, or
maliciously, or knowingly, or with gross
or criminal carelessness or negligence
and that the common law and the law
of the land applicable to this case re-
Guires such allegations. or some of them
to be sufficiently made in the said pa
pers as being an essential. necessary ele-
ment of the alleged offense and of all
claims. and to be proven in order to oo-
tain a legal conviction of the prisoner.
Fourth That under Sec :, Art, OF
the Constitution, this defendant IS en-
titled to all the privileges and fmmunl-
ties of citizens in the several states, and
that honestly believing on the highest
medical expert authorities In the land
and from the pension bureau or the
United States and from the entire dlsap-
pearance of the Inflammation and effects
caused by being burned by caustc hquoT
dripping on his person and clothing, ana
inhaling black ash, dust of poisonous
nature in a pulp mill, where the de-
PENDANT was employed in the summer OF
1908. he as citizen, has the right ana
privilege of entering and being In WASH,
ington, D. c., on lawful business, ana
that the protection Vouchsafed by said
constitutional provision has been vlo-
lated in this case.
Argument Of Counsel.
In arguing his motion Mr.. Everest at
tackled the constitutionality of the act OF
Congress under which Early has been ar
rested and confined. He said that the Of
Tense with which Early had been charged
was an Infamous crime, and that the
Constitution provided for sending all such
cases to the grand jury.
He also argued that to be guilty OF
crime Early must be convicted of having
intended to commit a crime. He said
that it was obvious to all that Early had
not intended to commit a crime, that he
had believed he was free of leprosy, since
he had been told so by an eminent scien-
fist in New York. Judge Mullowny
agreed that the intent in Early's case
was lacking
When it was suggested to Assistant
Corporation Counsel Pugh this morning
that Mrs. Early, wife Of John Early,
might come to Washington, Mr.. Pugh
said that If she came here he would adj
wise her arrest on charges similar to
those entered against Early. since she
had been living with an alleged leper.
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