The Detroit times., 1917-06-02
COUzENS
JAILED FOR
CON 7 EMPT
Police Head Spends
One Minute In Wayne
County Bastile
CIRCUIT COURT
TO REVIEW CASE
Hearing Before Sellers
Marked by Dramatic
Incidents

preme court viii be the 0nal ref
cree in the fight between Police
Jhstice Albert r. SelleYs and Police
Commissioner James C0uzens.
Couzens Jailed for one minute
Friday afternoon after being con
victcd Of contempt of court by Sci
lers and sentenced TO pay a fine
OF 500 or serve 30 days Ia Wayne
coanty fail. obtained his freedom on
writ 81 habess corpus. signed by
Circuit Judge George p codd A
writ OF cerfiorau also VS. granted
Arrnmenls on tho cetllorArl- will
be heard Friday morning juno 2.
a. o'clock In these proceeding-
all the conflicting contentious In the
dispute between tho omcials over
Couxens refusal 10 honor n release
order OF the Justice will come up
for action. Whatever the decision
may be. the circuit or supreme court
findings vii finally dispose OF the
long argument over The respective
powers OF the Justice and the com
missioner
Pending the hearing on INC writ
Mr. Couzens viii not retreat from
his stand In no, honoring The ro
leases This was made plain In
Friday argument over he con
tempt proceedings
when Attorney Otto Kirchner.
who with Allan III Frazer. repre-
scented Mr. Couzcns. suggested 20
the court that a nominal hne be I'm
posed. and that payment be hold In
allowance pending appeal 20 the su-
preme court, Attorney Fred a
Baker. one % tho friends OF tho
court. asked
VIII YOU agree 20 obev the law
IN the meanume7'
We have been ohcyinE Tho law
and can 500 no reason for doinr
otherwise" SAID Mr. Kirchner
Attorney Baker would not fully
arrce with Mr Eirchner's PROPOSAL
RE demanded thar verdict ~
guilty DO returned and that NE
cour' use bis own discretion Ia pun
fishing The rc pendent
Justice Srier ended arguments
over the N.rchner proposal by An
nouncing In decisive tone
THE court r. ready O decide this
case now"
He began making a few marks
with his pen and continued
Tho defendant James Couzens.
stands convicted Of contempt ~
court and the sentence ~ me court
Is that he pay a fine Of 500 or
serve 80 days tn the WAYNE county
jail
The attorneys and police court
characters who crowded the room
started demonstration Of approval
but 1t was promptly hushed Mr
Kirchner, after a few words with
Couzens. announced that the fine
would not he paid 70 pay e even
with the understanding that an sp.
peal would be made, might be cor.
strued IA a technical admission that
The court was acting within its
authority The justice had hardly
made his decision before Attorney
Frazer was on his way 20 the rest.
dence OF Judge Codd to obtain the
necessary writs.
The ink hadn't dred on the reg
istry card bearing Couzens' name In
the jail record before the papers
arrived, and the commissioner was
freed
Attorney Louis Colombo. who do
lvered the main argument as friend
of the court. declared CouzeDs was
acting in both an executive and
judicial authority when his depart
ment arrested persons without a
warrant and held them in jail with
out making charge against them
or taking them forthwith 10 court
In usurping tho judicial authority.
Colombo said the commissioner was
acting as a tyrant
Attorney Kirchner objected 20
this language. declaring Colombo
was inviting The killing OF the com.
missioner by applying 10 him the
term "tyrant Justice Sellers al
= lowed Colombo 10 continue his arRi
ment and instructed the stenog
Tapher TO note Mr. Kirchner's tx
ception
The cases against Ernst Mar
Qusrdt superintendent of police
and Lieut. John Hayes. Of the clean
up squad. were dismissed u was
shown they personally had nothing
TO do with The actual refusal 70
obey the release order in the case
~ Jessie West and Margaret Mix
held AZ disorderlies
Attorney Frazer c0ntended that
y the release order for these women
was null and void because the her
SONS for whom bond was given had
not appeared in person before tho
. court as is required by law The
release order was filled out by Noah
Rounds. professional bondsman A.
torncy Charles A Marlborough, col
ored. who acted FOR tho West WON
an. was asked hv Mr. Frazer how
much he paid Rounds for furnish
ing bond. but on objection Of At
torney Colombo. the court held the
question was irrelevant