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was arrested during the fair and placed $12.00 in Policeman Dillon’s hands for his appearance the next morning. I am told he failed to appear. Was this sum turned over to the school fund as forfeited bail?”“It was not, nor does the name of Frank Bartel appear upon the docket. The Mayor informs me, however, that Bartel was iined in the name of John Jones, and the fine and costs paid out of the money left with Dillon, the balance being returned to Bartel.”“If this money was put up as bail for Bartel’s appearance and he failed to appear, is it not a forfeiture, and have not the ofiicers made a mistake in the alleged trial and division of the bail money?”“Your question is one for future consideration. The policeman had no authority in law to take bail. The proceedings are irregular and your Police Board might properly investigate it. Possibly the State will also become interested when the time arrives for the Mayor to make his next report.”“It is understood and generally believed that Win. Anderson was one of the gamblers arrested at the raid made by Christ Beck before he was bounced from the police force. His name does not appear upon the abstract you have handed me.”“I am told the Prosecutor prepared the affidavit against him in the name of ‘John Doe.’ Perhaps Mr. Anderson was unknown to him personally. Evidently Anderson had a much more limited acquaintance than you imagine, for neither the Prosecutor or the Mayor seem to have known him.” “What sort of treatment have you received during the investigation ?” “Good. Mayor Day has met every demand upon him, and has thrown no obstacle in the way of my labors. The same is also true of the Justices of the Peace.”“Will you return to Huntington?” “That depends upon circumstanccs. There are yet some matters I am not at liberty to mention, which may result in my coming back.”“One more question. Has the Prosecuting Attorney or any other officer any right to prepare an affidavit agaiDst a man whose identity he fully knows, under the name of ‘John Doe?’ ”“No! It is the business of the Prosecutor to ascertain the true name if possible, and indict or charge him in his true name, and if the true name*is unknown, the party making the affidavit must swear that he does not know the defendant’s name.”
Newspaper Details
Huntington Herald
Huntington, Indiana, US
Tue, Oct 25, 1887
Page 2
Full Page
Clipped by
Lake C.
IN, USA 15 Jan 2020
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