Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-02
THE COURTS.

THg CASE OF Mr. SrRoNs.-Yesterday in
tne course Of the discussion in the case sof
Nr. STRONG, Mr.. Merrick said that he would
take care OF the writ from the "little corporal
(Gsn. SchofieldD
This morning the following proceedings took
place:
The District Attorney.-May il please your
Honor, with regard to. the case Of Strong,
ouid say, To AT Itis oasofs9.muca practical
lnl por rance mat desire to have an expression
OF opinion from your Honor upon the real q ues-
non my Owed as TO the power of the Executive
In the State OF Firginia-either civil or mill
tary-to make req uisition, and do not wish the
case TO go off upon a mere technicality. The
principal question which was argued yester-
day, was whether an affidavit was necessary in
anduon 10 copy OF the Indictment, and
" nether the paper purporting TO be an affidavit
could properly be held TO be such. If your
/ Honor should think that an affidavit is neccs-
sary, ana that this is not in proper form, it will
DE Neiy easy TO get another requisition with
copy OF the indictment, and also affidavit
y, N lega form. Meeting the views of your
honor IN THIS respect, the question can then
oe properly presented. do not know that any
Detter opportunity could be afforded of having
,he Prameipie enunciated by your Honor than
Mr.; Riddle-I think it very important that
we should know, in an authoritative way,
Wnen Iequislton Ia a sufficient requisition. I
DO NOT regard 1t as a mere matter of tech
hleailty, oy any manner of means. If this
requislIlon Is insufficient, it ought to be- SO
stated. If, AS my friend says, he can get a new
QUE, lei nlm do SO, if that is desirable. If it is
AFTER another, then We have only to await the
dinereht processes, and when they come, meet
them as best we can. 1 have only to say, in
conclusion. that do not regard this req uisition
as a req uisition within the meaning of the law
lhe District Attorney.-That question we
nave already argued. L am very clear in nv
view that It is, hut should the Court be of
different opinion, it will BE- an easy matter to
get another. think it my duty, not in any
spirit OF vengeance toward Dir. Strong, or with
any desire 10 pursue or persecute him, but
10 fyuyh a npnsx- -
law, TO insist upon thorough investigation OF
TINS matter. L cannot, consistently with nv
Guty and obligation to the public, desist until
have submitted the question fairly to the Court
IN proper shape. / want the papers to be right
upon their face
The Court-Iti is very important question,
not particularly with reference to this case
perhaps, but as q matter of principle
The District Attorney.-I understand MI
Strong says that he is entirely nnocent of any
offence, and that he has very able counsel to
defend him in Richmond, should the case there
come to trial The question, however as to
whether he shall be surrendered upon the
requisiuon is before US, and we must dispose
of
The Court--W hatever may be the fact in re-
gard to that, before us is presented a case
where there is in reality no fleeing from jus.
tice.
The District Attorney.-The view 1 take is
that where a man has been indicted in one ju-
risdiction, and. In point of fact, is beyond such
jurisdiction, he is in legal Contemplation flu.
gitlve from justice, although, in point of tact
he may not have left with any Intention of
evading process.
The Court-The fact is that the party never
intended to- and never did flee from Justice
All the evidence that we have had presented
before us shows this. The only point that
troubles me is the fact that these executives all
act upon the theory that a mere demand entI-
ties them to a surrender of the criminal: and il
Is uestion that has never been fairly met in
the law, for the decisions that have been rem.
dered have been too often more or less infiu-
enced by political considerations. The result
is that there Is nothing that has been settled re.
gardng 1T except that ii shall appear in some
way that the party is fugitive from Justice
None OF the decisions undertake to repeal the
constitution, which provides that the party
shall be surrendered as a Fugitive from ms
nee which means fleeing from fear of arrest
Some additional authorities have been handed
10 me this morning, and as L desire to give the
subject the most mature reflection, have con.
cluded to postpone the hearing until tomorrow
morning.
CIRCUIT Court Jit1qe Hyiie.-This morning,
The following business was transacted: -(Iarnet
a2t. de Abe; order that case go to General
Term. Selling agt. kimmel appeal to General
Tenn. In respect to the memory OF the late
John Joliffe, the Court adjourned.
EQUITY COURT, Judge OiiR-To-day Bird
agt j. L. McCarty; order restraining defendant
hom prosecuting ceatrin claim, and to show
cause why injunction should not issue. McDer-
NUT agt MeDermut; order of publication.