Plea for freedom  hearing is reported upon by the Cleveland Press: Attorney for Dr. Sam Sheppard contends original warrant on which Sam Sheppard was arrested is defective. Prosecutors refer to the city charter of Bay Village, but are  cut off  by Judge Merrick. Writ of habeas corpus ultimately refused by the Court at this hearing.https://engagedscholarship.csuohio.edu/newspaper_coverage/1148/thumbnail.jp

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54/08/02 Judge Merrick Hears Warrant Challenge

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Cleveland State UniversityEngagedScholarship@CSUAll Articles Newspaper Coverage8-2-195454/08/02 Judge Merrick Hears Warrant ChallengeCleveland PressFollow this and additional works at: https://engagedscholarship.csuohio.edu/newspaper_coverageHow does access to this work benefit you? Let us know!This Book is brought to you for free and open access by the Newspaper Coverage at EngagedScholarship@CSU. It has been accepted for inclusion inAll Articles by an authorized administrator of EngagedScholarship@CSU. For more information, please contact library.es@csuohio.edu.Recommended CitationCleveland Press, "54/08/02 Judge Merrick Hears Warrant Challenge" (1954). All Articles. 149.https://engagedscholarship.csuohio.edu/newspaper_coverage/149by Merrick Hearing of ??? Sam Sheppard's plea for freedom opened officially at 10:22 a ?m. today when Judge Frank Merrick entered the courtroom. All the other principals already were in the room. Judge Merrick asked quickiy, "Is the sheriff here?" Sheriff Joe Sweeney stood up. "By what authority do you hold this defendant?" Judge Merrick asked. At this point Assistant Coun· ty Prosecutor John Mahon walked to the judge's bench and handed him a copy of the first degree murder warrant. After a brief pause Judge Merrick ordered Attorney Wil· liam J. Corrigan ·to proceed with his statement in support of the habeas corpus writ. Corrigan said: "We contend that the war· rant on which the defendant was arrested shall be issued by a judge, clerk or magistrate. "In order to issue a warrant, an affidavit charging criminal violation must be filed before one of these three. '1We contend that the magis-trate in Bay Village law is Mayor J. Spencer Houk, and by law he has jurisdiction in criminal cases." May Assign Duties Corrigan cited a section of the Ohio code which specifies, he said, that in the absence or disability of the mayor he may assign his duties to a justice of the · peace. Corrigan said Bay Village does have a justice of the peace. "We claim the warrant on Turn to Page 8, Column 1 PAGE-8 THE CLEVELAND PRESS, fonday, A•1· Z, 195' Merrick Hears Warrant Attacked, Defended Rules ·Counc:il Chief Also a Magistrate BACK TO HIS NECK BRACE, Dr. Sam Sheppa rd wa its anxiously at the trial table for Judge Frank J. Merrick's ruling on the osteopath 's bid for freedom . BAY VILLAGE OFFI CI ALS, Mayor J. Spencer Houk and Police Chief john Eaton were at today"s hearing at Lake-s ide Courthouse~. __ BROTH ER A ND FATHER of Dr. Sam. Richa rd N . Shep-pard and Richard A. Sheppard watch grimly as habeas corpus writ is denied. which , S~m Sflepaprd was ar-rested, ·. is , def~ctive because , ~t. the time. it was issued the mayQr was· in the cfty and be was not ·:di.sabled," said Corri-ga:R. "The confinement· of the de• fendant . fo the Cou:nty Jail is under_· ·an , illegal warrant signed by G . . · M. Barber, who is president of the City Coun-cil. He was not authorized to , issue the warrant in view of the presence of the mayor. "We , realize that it would mean no great difficulty to put this defendant in jail ·_under a regular warrant, but we must raise this · question so there will be no usurpation .of power by people nofentitled to exercise it." At this 'point Judge Merricl5 Quotes . 1941 Law raised two questions, the answers to which, he said, would help in a spe~dy solu· ti on. "Is it conceded," Judge Mer· rick asked, "that Bay ViHage is a city and it has no poiice court or. municipal court? Is it conceded that Barber is the duly· elected president of the city council?" Saul Danaceau and John Mahon. of t)le prosecutor's office nodded" in the affirma· tive. · · Judge Merrick then . saJd: "Under a law passed in. 1941 ' the council president of a city is given the full power of a magistrate regardless of the presence of the mayor. "That is why an agreement on the aQ.swern to these . two questioti'S .·irta:.i[~ 'this . case sim-: ple." /. '.~· , ·', . ' . .. Judge. M,errick then read to tn e attoti\eys the section which he said gives· to a council presi-dent the ~li:U powers of a magis· trate. ''The .section he quoted was 705:::i;i,of the Ohio General Code. :' __ ::. Danaceau Cut Off · Saul Da~ateau started, "Your honor, ·the:)ity ·charter of Bay VillageL~t.' He was cut off by Merrick; who said, "That has 1110 effect' 'i,1~I"e. we are guided by the sectio.n . g 0 v e r rt i n g courts." · ' "If these fii.cts will be. con· ceded," Merrick: continued, ''.we will have. to go no further." Corrigan then read a section of the Ohio General Code whi'ch . ]).e sai,dµvill be the guidin.g law " fn tfiis :ease. Tne gfst of it werit, "The r.nayor of a municipal corporatipn, · has within the corporation, all powers of the sheriff:// •.. •. the mayor shall award .a1rwrits." 5.e .. ~i~n Disputed Reading ·from the section, Corrigi;irf said, "the mayor shall be disqualified if at the time of arrest be assists in the arrest or is a wl:tness in the arrest." Merrick said, "But that sec-tion is not .. exclusive." Merrick tnen: read from the Ohio General Code the statute g 0 v er n in g magistrates and their powers. . . Then Cordgii.n said, "Despite all this Twant ..to put my evi· dence in the record. I can't do tha11 iii '. convel'sation." He then said, "I want to call · as my first witness Mayor Spencer Houk." . Houk .cal!ed first Q.: (By Corrigan.) Your name. A.: J .. Spen cer Houk. Q.: Y-0ur address. A. : 29104 Lake Rd., Bay Village. · ' "---.Q..: What . Is your position in the ci~Y·? · · A. : I .am'; mayor. Q.: \Vhen'.' were you elected?1 A.: Novehiber, 1953. . Q.: I s. ~Y a city? ' · A.: Yes; lt is. Q.: Were ~ou in t he city on the 30th .of July? A.: i: was. Q.: All day? A. : Yes. Q.: Were you present in the City Hall on t)l.e 30th at the time Sam Sheppard was brought before a man named .Barber? A.: I was. Worked That Day Q.: Did you work that day? A. : F,art of it. Q.: When did you leave home for the' ball.. · · · A.: io a..m. Q.: Were~you in the city in the aftern()on? (Houk paused.) A.: I oelieve I was. Q.: Were. you away from the county ill,July? A.: N0; ' Corrigan i:t:hen said, "That's alJ." He --_tii.rned around . and said, 6ne'. < other qmistion, "Were Y-.oll_~_the arresting of-ficer?" .-- .·. · A .. : No:~ .. -_,~ Mahori: B~gins Queries Q.: Did you assist in the ar-rest? . · A.: No. Q.: Were Y,ou present at the ~ time of the arrest? A.: No. Houk was ·next questioned by Assistant Prosecutor Mahon. Q.: You .. nave."been a friend of Sam Sheppard's a long time. A.: I have; Q.: Close? A.: Yes. At this point Corrigan began Objecting- to everyone-of ·these ' • • ' ' • • • •• • • I •• ,. • ' ' ' ' • I • ' r • f ece • • • • ' • I '' ' ' ' ' ' Q.: You went! A.: Yes. Q.: You saw Sam heppard? A.: Yes. Q.: You saw l\larllyn Shep· pard? A.: Yes. Saw Slain Woman Q.: How did you find her! A.: She was horribly beaten about the head. Q.: was she dead! A.: I presume she was. Q.: Did you ob erve things about the home that morning? A.: Yes. Q.: You were questioned by the police in regard to this case? A.: Yes. Q.: You have been ques· tioned by me? A.: Yes. Witness at Inquest Q.: You expect t-0 be called as a witne s in this case? A.: Yes. Q.: You were a witne s at the inquest held by the cor-oner? ·A.: Yes. Mahon said, "That's all." Corrigan said, to Houk: "Did you bring tile warrant?" A.: No. , Q.: Did you ever have it in your possession? A.: No. .Then Corrigan turned to Bay Village Solicitor Richard Wey-gandt and asked: "Do you have the warrant?" Weygandt said "No, not with me." ' Copy Is Introduced Saul Danaceau and Corrigan then agreed between them· selves in the courtroom to put into the record a copy of the wattant and a o::>py of the af. fidavit naming Sheppard, charging him with the murder. Judge Merrick then ques· tioned Houk briefly. Q.: Was Mr. Barber elected? A.: Yes, he was elected by the people to Council, and as president by the council. John l\lahon said to Houk "You have a judge in Bay Vtl· lage?" A.: No. Policeman Heard Lieut. Clifford Mercer of the Bay Police Department was questioned by Corrigan, but when it developed that he was unable to identify the Sheppard murder warrant he was ex· cused. Patrolman Fred Drenkhan, also of the Bay Force, identi· tied a copy of the warrant. Barber, the council president, testified under quizzing by Cor-rigan that he was elected last November and took office Jan. 1 of this year. Q.: On July 30, 1954, was the murder affidavit presented to you by Police Chlef John Eaton? A.: Yes, it was. Q.: Where? A.: Al my home about 9:15 p. m. Signed Warrant Q.: Did you sign the war· rant? A.: Yes. Q.: After ;-ou i"ned the war-rant did you later see Sam Sheppard? A.: Yes, about 10:15 p. m. - Q.: Did you pre ide at the hearing in the Bay City Hall! A.: Yes. Q. : Wa the defendant rep-re ented by counsel? A.: No. Sheppard t-0 jail? Q.: Did you commlt Sam A.: Yes. Mahon introduced a copy of the Bay Village charter which cites duties of the Council pres-ident. Mahon read a section which specifies that the presi· dent of Council has all the rights and duties as other members of the Council, and in addition, when the mayor is absent or disabled, must per· form his (the mayor's) duties. In a single question under redirect examination, Corrigan a ked: "\Va the mayor present in the City Hall while m hep-pard was arraigned before. you?" A.: Yes. This concluded all of the evi· dence and testimony. Judge Merrick immediately informed attorneys that he did not wish to hear any' oral argu· ments. He then announced in one speedy, brief sentence the decision that sent Sam Shep· ~U~IOUS CROWD gathers outside of Judge Frank Mer-rick s courtroom to catch glimpse of the murder suspect. pard, manacled to a deputy sherif!, back to the County Jail. Court's Ruling Here is what the judge ~aid: "The writ is refused. The pris· oner i ordered remanded to the · custody of the sheriff." Sheppard was e corted by two d e p u t i e s and Sheriff Sweeney lhrough the crowd of spectators, into the court house hallways, down the elevator to the first floor, out a side door and into a waiting county car, for the ride back to jail. As Sheppard walked out of the courtroom Attorney Cor-rigan called out to him in a loud voice, "I'll see you this aft-ernoon, Sam." 

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54/08/02 Judge Merrick Hears Warrant Challenge

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