74 Mo. 395 | Mo. | 1881
This is a proceeding under the habeas -corpus act, in which petitioner alleges that he is illegally
“ State of Missouri, to the Marshal of tbe city of St. Louis.
—Greeting:
“ Whereas, on the 21st day of June, 1881, the city of' St. Louis hath obtained judgment before the police justice of the first district police court of the city of St. Louis,, against August Hollwedell, for a violation of an ordinance of said city, for the sum of $100, together with her costs in this behalf; These are, therefore, to command you to levy the said debt and costs of the goods and chattels of said defendant, within the city of St. Louis, and expose the same for sale agreeably to law; and for want of sufficient property whereon to levy said debt and costs, you are hereby commanded to deliver the body of said defendant into the custody of the superintendent of prisoners,, who will convey said body to the city work-house of the city of St. Louis, the keeper whereof is hereby commanded to receive said defendant, and said defendant safely keep until the said debt and costs shall have been paid by said defendant’s labor, according to the laws of the State of Missouri and the ordinances of the city of St. Louis, or until the defendant shall be otherwise discharged by due course of law. And you are also commanded to make return of this execution within thirty days from the date of the same, with your return indorsed thereon, showing how you have executed the same. Given under my hand, this 21st day of June, 1881.
“ Wm. R. Mateer, Clerk,” etc.
“In obedience to the within writ of execution (no goods and chattels of the within named person being by me found in the city of St. Louis whereon to levy and.
“ Emile Thomas,
“ City Marshal of the City of St. Louis.”
“ Received the body of August Hollwedell, together with a copy of the within writ of execution, from the superintendent of prisoners, as in the above return stated.
“ Wm. Kunz,
“ Keeper of the City Work-house.”
Respondent states that said execution issued upon the following judgment:
“ In the First District Police court of the city of St. Louis.
“ The city of St. Louis v. August Hollwedell.
“ Charge : Violating city ordinance No. 11,668, chapter 25, article 1, section 2. Approved March 29th, 1881. As charged in the report of the chief of police of the city of St. Louis, herewith filed: On the 21st day of June, 1881, the chief of police of the city of St. Louis reports the arrest of the above named defendant, charging him with violating the above entitled ordinance. On the 21st day of June, 1881, the case was called, parties announced themselves ready for trial, a plea of not guilty being entered. The police justice, after having heard the testimony adduced, found the defendant to be guilty as against him alleged, and adjudged that he pay a fine to the city of St. Louis in the sum of $100, together with her costs in this behalf, and that she have execution therefor.”
It is further alleged in the return that petitioner was ■arrested by the police force of said city on the 20th day of June, 1881, he being at the time engaged in violating an ordinance of said city, and was on the following day-brought before the first district police court to answer to the report of the chief of police, which is as follows:
“ City of St. Louis, June 21st, 1881.
“ August Hollwedell, to City of St. Louis, Dr. To $500, for the violation of an ordinance of said city entitled ‘An ordinance in revision of the ordinances of the city of St. Louis, and for the government of said city.’ Being ordinance number 11,668, chapter 25, article 1, section 2, approved March 29th, 1881. In this, to-wit: In the city of St. Louis and State of Missouri, on or about the 20th day of June, 1881, the said August Hollwedell did then and there willfully disturb the peace of others, and particularly of Louisa Brendley, by violent, tumultuous, offensive and obstreperous conduct and carriage, and by loud, unusual noises, and by unseemly, profane, obscene and offensive language, calculated to provoke a breach of the peace; and by assaulting, striking and fighting others, and particularly Louisa Brendley, contrary to the peace and dignity of the city, and the ordinance in such case made and provided. On information of Officer Heaven, second district.
“ Eerd. B. Kennett,
“ Chief of Police of the City of St. Louis.”
It is also alleged that petitioner was put upon his trial, which resulted in a judgment and the issuance of an exe•i ution thereon, as hereinbefore mentioned, and that in virtue tJueicoi pcuuuner is held in custody for non-payment of fine.