Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1875-09-22
Miles. the Barre Burglar

The proceedings in the case of George E.
Miles of New York City, for whom the |
Vermont authorities have extradtion pa
pers under the name of George Miles, have
been quite long The habeas corpus which
was served Wednesday, the Sth,in behalf of
Miles, was rcturnable Monday, the 18th.
before Judge Brady, in Supreme Court,
Chambers. The return Of the Sheriff to
the writ set up merely that Miles is held
under the warrant of Gov. Tilden. in pur-
suancc of the requisition of the Governor of
Vermont. The traverse to this return
was made by George E. Miles, the middle
letter in his name appearing for the first
time in the proceedings, and set up that
there is no proper charge or Indictment,
within the United States statute regulating
the subject, and that he was not the person
demanded, under the name George Miles,
bv the Governor of Vermont.
Mr.. Beach, appearing for the prisoner
insisted that the proceedings could only
90 on before the Judge who granted the
writ, Judge Donohue, but rs the prosecu-
tor had witnesses present. he was willing
that their evidence should be taken us if
taken before Judge Donohuc. Mr.. Phelps
and Mr. Butler, for the Vermont authori-
ties, claimed that the traverse raised no
return. The requisition spoke of George
Miles, the arrest was under that namc.and
the habeas corpus petition was made by
Georoe Miles. The traverse first brought
in middle letter. That was not enough to
raise a question of identity. Judge Brady
held that mere Identity of name was not
proof of identity person, and that any one
arrested by mistake might rightly ch.l-
lenoe the warrant and compel proof that
he was the person intended by the writ
before enduring the wrong OF beng taken
from the State. After some private dis
cussOn. the proceedings were ADJOURNED by
consent to Tuesday morning.
The proceedings were continued Tues
day before Judge Donohue, in Supreme
Court. Chambers. Judge Donohue, rs
Judge Brady had done on the previous
day, directed testimony to be taken IN an
adjoining room Mr. Beach asked that
The ,Judg. hear it in open court, claiming
that it would be irregular to take the tes-
timony in any other way. Judge Donolu"
held that under recent decisions the taking
of testimony out of the actual presence OF
the Judge was regular. but agreed to ~"
present ut > o'clock Wednesday. to hear
the testimony in person. William Allen
Butler. on behalf of the bank, insisted on
proceeding at once. and the persons inter-
,sted retire to another room TO take t"stl-
monv. After some delay. VIM. L. Dlll-
incham, the States Attorney for this
county. was called on behalf of the relator-
He testified that he WAS the prosecuting
Oil, Ell who had procured the request tor
txtra,lition from the state Government OF
Vermont, and had made the complaint to
the Police Justice on which that request
WAS issued. He had made that complying
on ailidavils of other persons. Ct winch
three sets were in cNi~t' ncc-one filed
with the Executive Department ct the
State of Vermont, one with the Governor
of The State of New York. and the third IN
the hands of the officer authorized to take
Miles from New York TO Vermont
He further testified that Barre WAS about
six miles from Montpelier. ana that :,
person leaving New York a, . +. Won ld
reach Mon pelicr. about A. NJ but leav-
inr New York ut Z. NJ. would not reach
Montpellcr till 9 o'clock next mornlnE-
An inquiry us to the contents OF the ALL
,laviis raised an objection on behalf OF the
prisoner, and the whole matter was taken
before Judge Donohue.
The Court decided that if the relator
simply proposed to prove an abb he must
do it in die Vermont Court and not here
The only question of fact here was the
identity of the person arrested with the
person demanded by III" State OF Yer
mont. The prisoners counsel sud under
that view they had no testimony to offer,
bat asked that Miles be admitted to bail
pending an appeal from that ruling until
il could be heard nj the next General
Term. Judge Donohue said he would
examine the statutes rs to his right to ad-
mi, to bail under such circum tanceS, and
adiourneu the proceeding t. "Wednesday.
Judge Donohue "Wednesday morning
met the counsel in the Judges private
room. As previously reported, Judge
,, Donohnr had already decided that, on tho
evidence offered on behalf of Miles. ho
must be- sent under the cNtrldition warrant
of Gov. Tildrn to Vermont. \ new plrt>,
of the proceeding was motion TO admit
the prisoner to bail pending an appeal 10y
! certiorali from tn. Judges decision. under
provisions of Il law of 1873. Judge Dono
+ hue. it WAS stated by some Of the counse
! present, declined to ;lct in the matte Il:
he WAS somewhat unfamiliar with thE
branch of law, and desired To consult VIII
. his associates He directed the applicatio:
: to be m ode to judge Brady Il; a ttcr houl
! If the ,l,v Judge Brady not appearing
/ then he directed the matter to be hear,
i before him Thursday.
4 A. .JudSe Brady did not come int
: town Thursday. the proceeding On The cN-
i tradition of Miles WAS adjourned unit
t Friday. Judge Donollue had prepared ;
( careful opinion of his reasons for drnyln.
the right of Miles to test Il question "
aibi in Il habcas corplS proceeding and
for refusing him bail pending an ap
!. peal from a decision in an inter State mat
e ter, holding that the act of 1873 applir'
only to the internal policy of a State. III
called back his opinion bctor" it coHld b
copied by the reporters, rs Judge Brad,
5 hal not passed on the question which h
5 had referred t" him.
Monday, both Judge Dnnohue and Judg
Brady. before whom questions were ralse
by habca> corpus to prevent the rendition
) of Miles, gave decisions directing his SUI
/. render Judge Donohuc had previons
" decided that, on habcaS corpus. he coul
> nor inquire into what was really II drtcnc
G of alibi nor admit the prisoner to bull, bl1
5 withheld his opinion and final decision IN
e til Judge Brady shoul, pass on Il collatcra
matter His opinion rs finally given
substantially Is follows;
The pr:s ,ner drought bef RI me nn han"as corpi
|, test the right of the ShCrn t. hold An uhGer
sarlant or extraditl"n sr:ntei 10y the Governor
Vermont NJ raised u the re".arlty 81 II
eediugs prisoner takes as Is his be
: the pers indicted ON the proofs On TINS fdft II
Court excluded certain ltcuce ofGl"d hy nm
immatrriaI and incompetent. and furthtr root h
ing cred the Is il>CGIr :ci and the prisoner r
handed he counsel Ol tht iiiS'uet nov" on
" dui> by him OF apes IT I'm my dec!slJn asi
IN bail the review lutrld" to he taken OF III
u all questions rising 10
Ter IN the LEGISLATURE to interfere with the Possession
l. tn, prisoner pending the proceeding, and the wait
clearneSs III the at and ASSUMING the largest con
act 20 power to ban, TINS que
tinn arses-,s 1t Il ca III bail should be takel
n Without gong into extended eNamin alton OF Il
nnpstiou the conclusion at winch wed
v suurt.y stated Ban only takc not as substtu
or All APP but to produce an appearance.
% this case do think bail VIII pr dite that efet
all penal statutes Is to be expended
G the person and substitute | do not think d
us,ited IN 1xlng bail, and deny the motion.