76 Pa. Super. 540 | Pa. Super. Ct. | 1921
Opinion by
This is an action in trespass, for false imprisonment, in which the plaintiff recovered a j udgment in the court below and the defendant appeals. The defendant was the pastor in charge of the Central Baptist church, a congregation of colored people, and was presiding at a meet
The defendant was asked upon cross-examination by plaintiff’s counsel as to where and when he had been married, and had answered that he was married in Richmond, Virginia, in 1901. Counsel for plaintiff then asked the question, “Who married you?” This question was objected to by counsel for the defendant, which objection was by the court below very properly sustained. The question of the legality of the marriage of the defendant could have no bearing upon the question at issue in this case, nor upon the competency or credibility of the witness, it not being suggested that the marriage was bigamous. This ought to have put an end to that line of inquiry, but the court subsequently permitted the plaintiff to cross-examine the defendant1 as to the legitimacy of his son and daughter, who must have been born long before the defendant became connected with the Central Baptist church, for at the time of the trial they had attained mature years and each of them had actually married. The first specification of error must be dismissed, under the rules of this court, for the reason that it refers to three exceptions to different rulings of the court, but when the case comes to be retried such questions ought not to be permitted in cross-examination of the defendant.
The arrest in this case was made without a warrant and the evidence was sufficient to sustain a finding that it was made by the direction of the defendant and that he had told the officer that he would appear the next morning and make a charge against the plaintiff. There
False imprisonment consists in the confinement or detention of the person without sufficient authority: which authority may arise either from some process from the courts of justice, or from some warrant from a legal officer having power to commit; or from some other special cause warranted, in the circumstances, either by common law or statute. The constitutional provision that, “The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures,” etc., is not to be construed as meaning that there shall be no arrest without a warrant, “To have said so would have endangered the safety of society.The whole section indeed was nothing more than-an affirmance of the common law”: Wakely v. Hart, 6 Binney 318. When an arrest is made without a warrant the presumption is that the defendant is not guilty; that the act in itself is wrongful, and malice will be inferred from the want of probable cause, so far at least as to sustain the action. The burden is upon the defendant, when the party arrested seeks to recover damages, to prove that the imprisonment was by authority of law. The question of probable cause for the arrest is one of law, upon this point there is no difference, upon principle, between an action of this character and one for malicious prosecution. Where the facts are in controversy the case must be submitted to the jury, in which event it is the duty of the court to instruct them what facts will constitute probable cause, and submit to them only the question of
The defendant produced evidence tending to establish that the harangue of the plaintiff at the meeting was very vile, loud and violent, tending to create disturbance; that the defendant had t’o use his influence to prevent other members of the congregation from forcibly compelling the plaintiff to take his seat; that the plaintiff had been talking for an hour and a half; that he had declared his purpose Avas t’o disgrace the congregation and that he Avould not stop until he had done it and that plaintiff Avas still upon his feet disturbing and interfering Avith the meeting at the time he was arrest'ed. If this testimony was believed it was sufficient to warrant a finding that this plaintiff was, at the time he was arrested, engaged in a wilful, malicious and persistent disturbance of the meeting of the congregation, lawfully assembled.
Acts injurious to private persons, which tend to excite violent resentment, and thus produce fighting and the disturbance of the peace of society, are themselves indictable, at common law: Com. v. Taylor, 5 Binney 281. One who is actually engaged in interfering with
The judgment is reversed and a new venire awarded.