14 Minn. 385 | Minn. | 1869
By the Court.
This is an action for false imprisonment. The defence set up in the answer by the defendants is, .that they were informed that a felony had been committed in the county of McHenry, and state of Illinois, to-wit: the lai’ceny of a certain horse or horses, and that the person so committing said felony had just prior to the time mentioned in the complaint (13th of July, 1867, the time of the plaintiff’s arrest) escajied from the jail of said county; that the defendants relying upon the information given them by the sheriff of said county of McHenry, and other persons, suspected, and had reason to suspect, that the plaintiff was the identical person who committed said felony, and who escaped from the jail of said county; that thereupon, believing such information to be true, and acting thereon as was their duty to do, defendants arrested said plaintiff, and notified the said sheriff.of McHenry county, and held the plaintiff to await the requisition of
Upon the trial of the cause, the plaintiff offered as testimony in chief, evidence of his good character, which was objected to by the defendants, and rejected by the court.
The evidence was properly excluded. The plaintiff’s character was not put in issue by the pleadings, and no attempt was made to impeach it on the trial. Under these circumstances, until attacked, the plaintiff must rely upon the general legal presumption of good character. Gregory vs. Thomas, 2 Bibb, 286; 2 Stark. Ev pt. 1, p. 303, N. B. 306, N. 1; 2 Greenl. Ev., Sec. 458; 1 Hilliard on Torts, 402. The evidence by the defendants of threats made to the officer by the brother of the plaintiff after his arrest, was admissible for the purpose of justifying the defendants in putting the plaintiff in irons.
The important questions in the case arise upon certain instructions given by the court to the'jury, and the refusal of the court to instruct in accordance with certain requests submitted by the plaintiff.
The court charged the jury oralty, ‘‘that the question whether the plaintiff was kept an unreasonable time without taking him before a magistrate, or whether the defendants had reasonable cause for making the arrest, were questions for the jury to determine ; the question as to what was reasonable time, or reasonable cause, being in either case a question of fact for the jury, but that if the defendants without any necessity put the plaintiff in irons, they would be liable; and the question as to whether such necessity existed, was for the jury.”
The court also refused to charge, “ That detaining a person by an officer without a warrant under arrest for five days, without taking him before a magistrate,, a magistrate
Applying this rule to the case at bar, we find as to the question whether the defendants had reasonable cause to believe that a felony had been committed, and that the plaintiff had committed it, depends upon whether certain representations were made to them by the person representing himself as a sheriff in Wisconsin; whether they had reason to believe that this person was such officer, and that such representations were true ; whether the communication from the sheriff of McHenry county, Illinois, was received by the defendants, conveying information of the escape of prisoners from the jail in that place ; whether the description of one of the escaped prisoners contained in the hand
It is manifest therefore in this case, that no finding of specific facts could be made by the jury, not embracing a conclusion as to the reasonable effect of the same in fact, from which, under any rule of law, the court could pronounce the conclusion as a legal inference, that they did or did not constitute reasonable cause. It was therefore for the jury to find as a conclusion of fact, whether there was probable cause, and the law follows this finding. It was therefore proper for the court to submit this question of fact to the jury, and this was in effect what was done in this instance. Davis vs. Russel and others, (5 Bing. 534) ; 15 Eng. C. L., 463 ; Beckwith vs. Philby and others, (6 B. & C. 634); 13 Eng. C. L., 287 ; 2 Greenl. Ev., § 454; 1 Ib., § 49, n. 1.
It would be proper in all such cases for the court to in
But we hare seen that whether the question of reasonable time, &c., is one of fact for the jury, or of law for the court, must depend upon the circumstances of each particular case. We are now to inquire whether, in this case, the court erred in charging the jury that it was for the jury to determine whether the time the plaintiff was detained in custody, was reasonable or not ?
The plaintiff was arrested without warrant by the defendants, who were peace officers, as a fugitive from justice, on suspicion of having committed a felony in the State of Illinois, and having escaped from a jail in that State. No requisition was made by the Governor of Illinois upon the executive of this State. Sec. 3 of ch. 103 of the Gen. Stats. provides as follows: <£ Whenever any person is found within this State charged with any offense committed in any State or Territory, and liable by the constitution and laws of the United States to be delivered over upon the demand of the executive of such State or Territory, any court or magistrate, authorized to issue warrants in criminal cases, may, upon complaint under oath, setting forth the offence, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same, or some other court, or magistrate within the county where such person is found.” Sections 4 and 5 of the same chapter prescribe the mode of proceeding in such case before the magistrate. Passing the question of arrest, it was clearly the duty of the officers to take
We think the court erfed in charging the jury, that whether the plaintiff was kept an unreasonable time without taking him before a magistrate, and what was reasonable time, were questions of fact for the jury to determine ; and in refusing to charge on this point, as requested by the plaintiff.
The necessity for placing the defendant in irons was a question for the jury, and they were to consider, in determining that question," the threatening language used by the brother of the plaintiff, that there was no prison in which to confine the defendant, and that the irons were not placed upon him until after the threatening language referred to was used, together with other surrounding circumstances, and we see no reason for disturbing the verdict upon this ground.
The judgment and order denying the motion for a new trial, are reversed.