Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-01-05

U. S. Constitution and Eng
Iish Common Law Are
Cited Freely.

The Constitution of the United
States. not to mention old English
common law, gained all sorts of pub
licity in the United States branch of
Police Court yesterday.
Both were cited freely. especially
the fourth and fifth amendments. to
the Constitution, when evidence and
arguments were heard on the rule
issued against Maj. Raymond w. Pull
man and other officials of the police
department why certain whistles in
possession of the police should not be
returned to James White, from whom
they were seized. The liquor is al
legged to be held without warrant of
law. =.
The case was adjourned for fur
Their hearing next Saturday to enable
Attorney Robert I. Miller, for White,
and Assistant Corporation Counsel
Stephens, for the government. to file
briefs and submit a review of eases
and authorities bearing on unlawful
entry.
Forcible Seizure Claimed.
Attorney Miller holds that White,
who is charged with having in his
possession fifteen cases of whisky in
violation of the military zone law, had
his premises forcibly entered by the
police without authority of law and
in violation of his rights as citi-
zen when the police seized the whisky.
The liquor is valued at $500.
Counsel Stephens contended that the
police are in lawful possession of the
whisky and that it is held legally
as material evidence against White.
charged with violating the military
zone law. He held that should the
police be compelled to surrender the
whisky the government would be
without evidence.
Corporation Counsel Conrad H. Syme
argued about what constituted lawful
entry and seizure. and claimed that
the entry was not forcible because the
police entered through an open door
without objection from any one on the
premises.
Maj Pullman and Edwin B. Hesse.
property clerk of the police department,
named in the rule to show cause, were
not in court. Attorney Miller had grant
ed that they would not be needed at the
hearing. Sergt. w. G.. Stott gave evil
dence for the police department.
Judge Hardison. who presided, refrain
ed from expressing any opinion pending
one of moment. not only to White, but
to others who might have liquor in their
possession.
Woman Fined $500.
The case of the government. against
Julia Johnson, colored, convicted some
time ago for violation of the military
zone law and sentenced to Jail for ninety
days, without alternative of fine was
brought into court and fine of $500
imposed instead of the Jail sentence,
which she paid. Alexander Mullowny
represented the woman.
The original test case as to the right
of the police to arrest persons having
in their possession whisky which they
claim for personal use, brought by
Attorney James A. O'Shea for his eli
ent, Frank P. IIeech, in which a fine
of $50 or six months in jail had been
PASSED upon the defendant, came up
again in the court on exceptions, and
petition of appeal to the Court of
Appeals was signed and ordered of
record. This case now goes to the
higher court for adjudication on the
question at issue.
December Terms End.
With the adjournment of the United
States and District branches of the
Police Court yesterday the December
terms end. the January term COM
mencing Monday. The jury. which has
been serving for the past three
jury for January, February and
March win be called Monday Judge
Harrison goes to the District branch
apd Judge Mcmahon goes to the
United States branch Monday. How
ever, Judge Hardison will hear the