Every evening, Wilmington daily commercial., 1921-11-12
K0zL0WSKI FREED WHEN
JUDGE MORRIS HOLDS CITY
COURT SENTENCE WAS ILLEGAL
Hands Down Opinion Declaring That the Defendant Had
Virtually Been Committed for Life, Declaring That
Such Disposition Of the Case Was Not Warranted;
Prisoner Reanested on Non-Support Charge.

Holding that he had been imprisoned
Illegally by the Municipal Court Vic
tor kozlowski was ordered discharged
y" Judge Morris In the United States
District Court today. The judge held
that he had been detained without
due process of law. and. as his sem
tcnco was equivalent To life .mprisoi
ncnt the Municipal Court exceed Il
H. authority In that behalf.
Following the discharge of the
prisoner. Superintendent OF Police
ElEck ard Sergeant Hahn waited FOR
him To- depart from the Federal Build
ing and kozlowsl>i. accompanied by
his counsel Robert Adair. proceeded
Co the police station. where a new
non-support charge was placed against
the former. lie had remained in the
Federal Building for about half an
hour. while an attempt was being
made 60 SECURE bordsman In the
sum OF $500. for release until the time
for hearing on Monday.
Kczlowski was released shortly
after arriving at the police station.
when he furnished $500 hail for his
appearance at a hearing in Municipal
Court.
In his decision, Judge Morris held
that n man could not be committed %
She workhouse for being in arrears on
n non-support order, quoting Della
ware laws, which expressly state tina;
commitment can take place on a non-
support charge only
Considerable interest has been
aroused IS q result Of this decision
as 90 whether some prisoners now
held Mt the workhousc are being legal
Is held. IL Is the opinion of some
people that there are a number rf
prisoners AT the workhcuse. who have
been committed illcgally. There are
ten men held At the workhouse II
similar charges.
No. further action will be taken In
the matter of the alteration of tfe
court records. which was disclosed at
the last hearing in the United States
s-ourf in the Eozlowski case
District Attorney HUghfs, in his re-
por, to rhe court. said that IL is con-
-c,dcd that the caption did not pre-
iudicc the case Of the defendant and
thn; the body of the record is the rec
crd. lie said II find an entire absence
~ wiltu disohs-iiercc 81 the will OF
the court aud find that the change
was made without the purpose of OBJ
structing Justice and without any ell
cfren, OF dlsrcspect TO the court"
Il. Warren Green. assistant city SOL
lcitor. who appeared in court when
tho announcement was made that
there had l-aen an alteration In the
record admitted 10 the, court AT that
time that he had made the alteration
ia the record after the case had been
disposed II In Superior Court, when
Judge Elcc refused TO grant a writ
nf hnbeas corpus. in the same case.
lie sald IL was done 10 correct an error.
Following the refusal OF the Superior
court "a grant the writ or habeas cor
pas. Mr.. Adair took the case TO the
tinted States coert. This is the sec
end casc IN which Mr.. Adair has ap-
ptsrcd In the United States Court
In hahcas corpus proceedings. Some
wears ago. when Judge Bradford was
un the bench. Mr.. Adair represented
q man who had been arrested in this
state at the request Of the Virginia
authorities. for a crime alleged 10 have
been committed IN that state. Judg..
Bradford al that time held that the
man was Illegally held and ordered
hx discharge. The Virginia papers NJ
shat time failed 20 specifically charge
the man with any crime.
Continued on page c.