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


which he was committed.
On the hea,iSg, the case was SUBJ
mitel, on the records, and certified
minutes Of the testimony from the
committing Magistrate, from which
it appears that on the Sd INST. an in.
formation under oath was filed be-
fore Justice n. Fisher, charging the
petitioner, Joseph Alexander, with
the crime OF assault with intent to
commit murder, in the State OF Indi-
ana, which information was in tho
following words and figures, Il copy
only the body OF the information.)
"For that the said defendant at
the county of Montgomery. in the
State of Indiana, on the 18th day of
July, 1872, did, with large clubs and
bludgeons and with an axe, w,ckedly,
maIiciously beat, strike, bruise one
Charles NJ. Fullen, with the intent to
feloniously, wlckedly and malicious
" kill the said Charles NJ. Fullen.-
That said defendant is now in the
County OF lama. and State OF Iowa,
and that on tie 18th day Of July
1872 proceeding was duly instituted
against said defendant in said county
Of Montgomery, and warrant duly
issued for the arrest OF said defend.
ant for the offence Of assault with the
intent to kill said Charles NJ. Fullen,
and said proceedings arc still pend:
ing in said county"
| In support of this information
Messrs. Stivers & Safely, the attor.
news tor the State, introduced the
following witnesses who testified as
follows:
| LIST, Grant Egneu who testified as
fallows:
"Iliycd with my grand. pa; Charles
Fullen also lived there. l left there
with three men, Jeptha Bell, Henry
Bell, aud Joseph Alexander; Bells
left us at Attico. Mr.. Alexander
came to grand-pa's aud got me; my
uncle was at the wheat stack, on the
load; he jumped down; one OF the
Bells kept him off with club, while
Alexander helped mo into the car
riage; my uncle was in the corner Of
the lane when l saw him last; I was
in the carriage; Joseph Alexander
helped me into the carriage. l do
not know the day Of the month on
which we left. Ny mother lived
J with me; Alexander was holding me
and one o! the Bells was keeping my
uncle off, Cross examined: "Al-
ways lived with my grandpa; moth
or always lived with me Till she mar.
ried Alexander"
Recalled: II have not been back
! to grand-pa's since"
ond. Mr.. Fullen who testified as
follows: II saw Charles Fullen or
the evening Of July II; this was on
Friday, and I saw the boy on Mon
day
81. A warrant from the Mayor o.
g Charlottesville, Indiana, to the Mar
shall OF that city, commanding him
+ to arrest Joseph Alexander on
+ charge of an assault with intent to
g kill and murder one Charles NJ. Full.
len. To this warrant was attached
a certificate of the Clerk of the Cir
, cult Court of that county, of the Of
fetal character OF the said Mayor
But there was no certificate Of the
gcnulness OF the signature of the
/. Mayor.
4th. The attorneys for the State
r also introduced certified copy O
letters of guardianship, sho wing thai
Charles{M. Fullen had been appoint
, ed the guardian of the person and
property OF the witness, Grant Eg
. neu.
This was the tho entire case Of
presented to the Magistrate, ant
from this testimony he found tina
there was reasonable cause to believ,
the complaint against the petitioner
true, and in default OF bail committed
> him to await a warrant from th'
Governor. '
The Constitution and laws of tho
United States require that person
charged in any State with a crime
who shall fee from justice and b.
, found in another State, shall, on de
mand OF the executive authority O
the State from which he fed, be de
R livered up to be removed to the State
having jurisdiction of the crime.
In aid of this general provision o.
the United States Constitution and
i the laws Of Congress, the Legislature
}, Of this State has determined more
! :uinutely than is done by such Con
y sti.ui:on or laws, what is necessary
2 to be done in cases Of this character
Q See Revision Of i5wa 1860: "Sec
Q 1921, No executive warrant for the
arrest aud surrender of any psrsor
!, demanded by the executive authori.
J. ty Of any other State or Territory, o.
/. IL l&,.,.s:.,o (..~.A.