Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-08-15


does sufficiently allege all the facts
which are necessary to be shown in
order TO make the petitioner liable
to be demanded Of the Governor of
this State as q fugitive from justice,
Is the evidence sufficient TO warrant
the Magistrate in finding that there
is reasonable cause to believe the
complaint true? Revision Sec. 1924.
We proceed to, tho determination
of that more important question.
L, was the duty of tho Magistrate,
before committing tho petitioner, to
satisfy Himself from the testimony
before him, that there was reasonable
cause to believe him guilty OF tho
offensc charged, and that he has been
indicted, or charged by complaint in
writing on oath, with the commission
OF such offence, IN the State of
Indiana, and that no has fed from
such State to avoid punishment
and is found here. Aud for
this rarposo he should DO gov.
crned by the same rules OF evidence,
and should require the same degree
and species of evidence as IN proceed.
ings against persons accused Of com.
hitting crimes in this State. Will
the testimony IN sthls case bear
the test Of this rhlc? Tho testimony
Of the witnesses Egncu and Fullen,
neither proves nor tends to prove,
any one of these facts, which are all
essential to be proved in order to war.
rant the prisoners commitment
This testimony refers TO some trans
action in Indiana, where the prisoner
(who is the husband of the boys
mothcr) took the boy Egneu from
his grand fathers, while some other
parties kept the boys uncle off with
club, who probably was opposed
to having the boy taken to his moth
er by her husband, which must have
been the intention, rs the boy is now
found with his mother who is now in
Court with the prisoner The letters
of guardianship which were intro.
duced, only show that the boys
uncle was his guardian, and might
become material were the right to
the custody Of the boy in question:
But the testimony Of the boy Egncu
and OF Fullcn, with the letters OF
guardianship, wholly fail to connect
the prisoner with the commission OF
the crime of an assault with intent to
murder or any other crime. In fact,
the counsel Tor tho parties interested
in the prisoners detention, do not
lay much stress on this testimony.
The only other testimony before
the Magistrate was the warrant from
the Mayor of Charlottesville TO the
Marshall Of that town, ordering the
prisoners arrest for the crime OF as
sault with intent to murder, and the
certificate of the Clerk OF that ccun-
ty of the ofiGial character of the
Mayor. And from this, the counsel
for the State satisfied tho Magistrate
that the prisoner should DO com
mitted to await requisetion from
the Governor, and st!ll insists
that such warrant and certificate con
stitutes reasonable cause to bclit "
that tho complaint against him is
true, and that he could be lawfully
demanded OF the Governor OF this
State. This proposition is, to say
the least, not little staftling.
To give the warrant the effect that
is claimed for it by counsel, would be
to, violate the piainest rules OF evl
dence, and those that are fundlmcnt
RI, and should be well know by every
member of the profession who is il
any degree conversant with the rules
of evidence.
To give warrant the effect claim
ed, would be to say that, when 9
Magistrate once issues his warrant
the prisoner Is bound hand and foot,
and the process by which he i.
brought before the Magistrate shal
be the evidence OF his guilt.
1t will be an anomaly in the juris
prudence OF this or any country
when by any pretended rule OF evi
dence, q warrant can be issued Il
establish, not only the fact Of tho
the prisoners guilt, but that
he has been regularly indicted, or in
formed against under oath, and has
fled tho jurisdiction o! the State tC
avoid punishment. ata :
The warrant is entirely incompc
tent for that purpose, no matter how
we'll certified; and tho certificate at
tached to the warrant would not he
sufficient if attached to copy of an
Indictment or information from the
Snate of Indiana.
A copy Of the information or the
affidavit made before some Magis
irate charging the fugitive with hav
ing committed the crime must be
produced. and must DO certified o.
authentic by the executive OF the
State whence the fugetivs fed, or in
the manner required. SEQ. 4O50 Of
the Revision. In either case the Of
fetal character and genniness OF the
/ Magistrates signature must 10 nj
i thenticatod. Revision of iowa SEQ.
| 4O59. Matter Of Clark 9Wend 2l2,
i Soloman's Case ! Abb. MS. 347 cited
| in Warts ~ Y. Digest page 705.
/ And no evidence is competent, and
! no other should be received for the
purpose Of showing what tho charge