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The San Francisco Daily Morning Call, June 25, 1864


William H. Winans made a complaint in the Police Court, yesterday, against officer Forner, for assault and battery. From the testimony it appeared that Forner had had an arrest of two persons and then delivered them to the care of another officer. While the latter officer was taking the men to the Station house, the plaintiff went up to one of the prisoners to speak to him concerning his bail, when, as he alleges, Forner took him by the collar, pushed him away, and struck him. The Judge remarked that officers must not go beyond the law in the discharge of their duties. It was not unfrequently the case that they displayed abundant zeal concerning arrests that were wholly unjustifiable, alluding more particularly to their making arrests without a warrant, on the mere say-so of outside parties. They must either be an actual witness of the offence or make an arrest by a warrant specially issued for the purpose. After Forner had delivered his prisoners to another officer his control over them ceased, and he had no right to exercise the conduct alleged against him, and it should require him to appear to-day for sentence.

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