Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-10-20
BID FOR BISSON.
The Application for Habeas Corpus De-
nied-Departure of the Michigan Sheriff
with His Prisoner.

The Application for Habeas Corpus De-
nied-Departure of the Michigan Sheriff
with His Prisoner.
At Il O'Clock, noon, yesterday, Judge
Wilkin rendered his decision in the ha-
beas corpus proceedings for the release
of Nelson Bison, for whom Gov. Pills
bury had granted the requisition of the
governor of Michigan, for his return to
that state, from which it was alleged Bis
son was a fugitive from justice. There
were present the representative attorneys,
the prisoner, in charge of Sheriff Rich
ter his brother, mother and wife,
the sheriff from Michigan, and several
friends Of the accused.
Judge Wilkin, after reciting the
grounds upon which the release of &C
cused was demanded, which were sum-
married. in Tuesdays issue, proceeded to
state his reasons for denying the applica-
ton. In reference to the principal point
made by counsel for accused, that the
papers upon which the requisition was
demanded was insufficient, In that they
did not clearly and distinctly charge
an otfense, Judge Wilkin said
the court had always held it
was not sufficient in such cases to charge
an offense in general terms, but that
the alleged crime must be specifically set
forth. 1t was so held in the case of Frank,
and In outher cases where the point was
passed upon. In this case, it was found
by an examination of the papers that Bis
sons allegaed offense is specifically set
forth, with full statement of the Cir
cumstances upon which is based the
charges of obtaining goods Under false
pretenses. AS to the claim that
there was nothing to show that the
party before whom the complaint was
made was in fact justice, the judge held
that the certificate of authenticity of the
governor of Michigan must be accepted.
The claim of fraud in securing the
papers could not, the judge decided, be
gone into in such cases, as it involved a
trial of the guilt or innocence of the &C.
cused in another state than that in which
the alleged offense was committed.
The other leading point set up on
behalf of the accused, that the
accused was not q fugitive from
justice from the state of Michigan, had
Judge Wilkin said, given more difficulty
in reaching q conclusion of either of the
Others But in the absence of positive
proof to the contrary, the court had no
authority to go behind the recital of the
facts as made by the governor of Michi-
gan, and his action in certifying the pa
pers to the governor of Minnesota, must
be accepted as presumptive that the facts
recited were true. 1t appeared, he said,
from the recital, the prisoner left the
state with contract uncom-
pleted, his help unpaid, and
secretly, which allegations he thought
sufficient to sustain the charge.
Finally, Judge Wilkin said it was pre-
sumable that the papers in the case had
passed under the scrutiny of the county
attorney of Marquette, the governor of
Michigan, and the attorney general of the
state, and that they were in compliance
with the laws of the state; that the OBJ
tanning of goods or money under false pre-
fences was crime under the laws of that
state, and that therefore he should decide
the papers sufficient to hold the prison er,
and closed by remanding him to the Gus
tody of the sheriff.
Bison was at once escorted back to Jail
Ivy Sheriff Richter, while the Mich gan
sheriff got his personal effects together
in short order, and with Bison in custo-
dy, left for Michigan by the lao train.