Suing The Sheriff

SUING THE SHERIFF

Randall & Jones Are Having Plenty of Fun Doing It.

A FALSE IMPRISONMENT

And an Attempt to Illegally Induce a Settlement

Are Among the Charges-They Say That He Tried to Induce a Prisoner's Wife to Mortgage Her Home to Obtain $50

The declaration in the suit of Walter Bortles against Sheriff Wm. Judson and Deputy Sheriffs Martin Wackenhut and Archie M. Gauntlett, for $5,000 damages was filed in the county clerk's office Friday afternoon. The declaration charges false imprisonment, a violation of the law is not taken a prisoner before the nearest justice or the one issuing the warrant, the keeping the prisoner from 3 o'clock Saturday afternoon over Sunday without opportunity to secure bail, and an attempt to force him to settle the case and an attempt to induce the wife of the prisoner to mortgage her house to pay $50.

The declaration was filed by Randall & Jones. It states the fact of the arrest Jan. 15, in York upon a warrant issued by Justice Dolye upon the complaint of James Fitzgibbons charging the plaintiff and Lute Bortles with larceny from the person of Fitzgibbons of $54. The bill continues :

"The said defendants although being at the time of said arrest in the village of Milan in said county and near the office of the said James Dolye, justice of the peace, and although the said defendants were by the said warrant commanded, and it was their duty under the law to have taken the said plaintiff forthwith before the said justice of the peace or some other justice of the peace of said county to be arraigned upon the charge as contained in the said warrant of arrest, where the plaintiff should have an opportunity as entitled under the laws of the said state of Michigan, to have given a recognizance for his appearance to answer such charge. Yet the said defendants willfully and wantonly against the command of said warrant and against the laws of the said state of Michigan and against the will of said plaintiff, then and there forced and compelled the said plaintiff, to go in and along divers public streets and past and beyond the office of the said James Doyle, justice of the peace, who had issued aid warrant and out of the county of Washtenaw and into the county of Monroe to a certain railroad depot and there kept and detained the said plaintiff in prison.

The bill sets up that the plaintiff was detained two hours waiting for a train in the presence of people, who bad known him as an honest, respectable and law abiding citizen. It charges imprisonment on the train for one hour and in the jail for 68 hours. "

Then follows the most sensation part of the bill as follows: "And the said defendants during the time of said imprisonment and confinement of the said plaintiff then and there to visit at the city of Ann Arbor, in said county of Washtenaw and at the said county jail kept by the said defendant William Judson as the sheriff of said county, labored with, importuned and advised him the said plaintiff to try and procure his discharge from such imprisonment by the payment of money to-wit, by the payment of $50. And although the said plaintiff at all times during such confinement, imprisonment and arrest, maintained his innocence, yet the said defendants taking advantage of his said plaintiff 's arrest and imprisonment and their official positions made use of the same for the purpose of inducing the said plaintiff then being a prisoner in charge and custody of said defendants to pay the said amount of money and counseled, solicited and advised the wife of the said plaintiff to mortgage her house for the purpose of raising the said sum of $50 to procure the release and discharge of him, the said plaintiff, from such confinement and imprisonment.

Damages are asked for in the sum of  $5,000 Although the bill does not so state, it may be said that the prisoners were discharged. The wife of the complaining witness, is said, to have telephoned that her husband could not have been robbed of $54, as he only had $ 8.

Sheriff Judson merely winks when the suit is spoken of and makes light of it. He intimates that it will not be tried, or if it is that he will then have his innings with the plaintiff.