The Indiana State sentinel., 1881-06-01
A POINT. OF LAW
Arises Between the Governors Of In.
diana and Kentucky
In Regard to the Extradition OF a Pris
oner-An Interesting Case.

Several years ago John H. Fisher of
Waldron, in Shelby County, sold house to
John Frakey. of Decatur County, and re-
ceived a mortgage from the latter as security
for payment Afterward Fisher charged
that Frakey had cheated him, and had him
indicted at Greensburg for obtaining goods
under false pretenses. Meantime Frakey
had removed to Gallatin County, Ken
lucky, and, on the 10th of
April, Fisher obtained from Gov
ernor Blackburn an order for his
arrest based on requisition from Governor
Porter Instead. however, of allowing an
officer to execute the writ, Fisher went him
self to arrest Frakey, and forced him to re-
turn to Indiana, at the point of a revolver,
as is alleged. Returned to Greensburg.
Frakey was tried, but the Jury failed to
agree, and he was released on bail for
second appearance. Then, in a sririt of re-
taliation, Frakey made affida Wit against
Fisher, charging him with kidnapping
and Governor Blackburn issued
reqgsition on Governor Porter
| for Fishers arrest, This was
done on the 10th Of the present month. On
the 18th Fisher was arrested in Shelby
County, on charge of assault with intent
to kill his hired man. He was subsequently
released on bail for appearance before the
| Grand jury. Last Saturday Fisher was ar
rested on a warrant in pursuance of the
requisition from Governor Blackburn and
| taken before Judge Samuel II. Bonner. at
Greensburg. The latter official decided that
Fisher could not be taken back. to Kentucky
for trial on the charge of kidnapping
until the case in Shelby County
against him was disposed of. This
decision was in obedience to the sixth sec
ton of the Indiana Statutes (2 Davis, 422),
which is as follows: IF il shall appear to
the Judge before whom the examination
provided for by the second section of this act
may be had that the alleged fugitive is held
| in custody or on bail for any crime or mis-
demeanOr against the laws of this State,
such Judge shall, for that reason, refuse to
make an order for the delivery or removal
| of such fugitive, and shall Immediately
report the facts to the Governor of this
State, who shall inform the Governor of the
State or Territory making the demand
| thereof"
In accordance with the above section, the
matter was referred by Judge Bonner TO
Governor Porter, who, in the meantime
| had received a telegram from Governor
Blackburn asking that he Porter give the
| case his immediate attention. Upon the
strength of this telegram, and the decision
of the Judge. Governor Porter referred the
matter to Attorney General Baldwin for a
| decision, which he has prepared, and which
| he will submit TO the Governor to-day,
but which he refused to allow the
| eye of the Sentinel scribe to rest upon. He
has also sent legal gentleman to Shelby
County TO investigate the matter, and il is
| thought that he will return to-day and make
| his report. 1t is, however, more than prob
able that the opinion OF the Attorney Gen.
eral is that he thinks Judge Bonner is right
in his decision, and has so informed the
Governor, as Governor Porter late yesterday
afternoon wrote to GOyernar Blackburn.
That portion of the letter setting
forth the facts, the Governor very kindly al
lowed the Sentinel scribe to copy: "a requi.
sition was delivered to me from the Governor
of Kentucky on the 10th day of May, de-
manding the arrest of John II. Fisher as a
fugitive from the justice of Kentucky. A
warrant was issued and placed in the hands
of Mr.. Carnes, directed generally to any
Sheriff or Constable, commanding him to
apprehend Fisher and take him before the
Circuit Judge nearest or convenient of ac-
cess to the place at which the
arrest might be made. The agent
delivered the warrant to "a Constable, who
by the request of Mr. Carnes, took Fisher be-
fore Hon. Samuel H. Bonner, Judge of the
/ Decatur Circuit Court. A statute of this
State provides that (see Section g. I'd Davis,
given above,) when taken before Judge
person of that name mentioned in the war
rant, but produced a duly certified copy of
a record, showing that since the issuing of
the warrant he had been arrested in Shelby
County in this State, upon warrant
issued by Justice of the
Peace upon criminal complaint for an as
sault with intent to commit murder, and
that he had given bail for his appearance at
the next term of the Shelby Circuit Court TO
answer the charge which he alleged was still
pending against him. Judge Bonner there
upon refused to make an order for the de-
livery or removal of Fisher, and directed
that he should be discharged from ar
rest until ne should have an
swered the charge pending against
him in Shelby County" The remainder of
the letter was of private nature. in which
the Governor explained his position TO Gov
ernor Blackburn, and which he would not
make public. Mr.. Carnes, the Agent of
Kentucky, was yesterday notified of the
course that matters have taken. and was di-
rected by the Governor of Kentucky to
remain in this State until the matter is de.
cided and he returned to the County of Shelby
last night. 1t is held by the authorities
of Kentucky that the indictment against
Fisher for assault and battery with intent to
commit murder is simply a sham to keep
him from being returned to Kentucky TO
stand trial on the charge of kidnapping. 1t
is also uelu Dy the henJuCky IOlkS luat OcC-
ten of the Indiana Statutes is in violation
!, of Article 4, Section 2, of the
Constitution of the United States, which is
: as follows: "a person charged in any State
!, with treason, felony, or other crime, who
shall flee from justice and be found in
another State, shall, on demand of the
} executive authority of the State from which
he fed, be delivered up, to be removed 70
the State having jurisdiction of the crime. u
Just what the outcome of the case will be
= or what step will be taken next is hard to
tell, but it does certainly involve an exceed
t ingly nice point of law.