Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-10-17
sPHIPPS MUST COME.
THE MAJoR HEAD FOR ExrkAD1rIo!

. y
i,scls.oa of he CsS.disni Court Ax.ins, tn.
Prisoner-Ths Next Move On tho
Legal Chossboard
Major Phipps, the absconded superin-
tendent of the Philadelphia almshouse.
was brought from the jail to the court
house, in Hamilton, Ont, about 2 O'Clock
Monday afternoon. The decision of Judge
Sinclair was not to be rendered until ,
o'clock, and the major and his guard,
Captain Henery, had nearly an hour to
wait. The major was quite cheerful, and
chatted in lively way. He did not be-
ieve that he would have to return to
Philadelphia, though he had been advised
by his counsel that the decision of Judge
Sinclair would probably be adverse to his
prospects.
At o'clock Judge Sinclair came into
court, and as he walked to tho bench
every person in the court room rose and
remained standing until he was seated.
Edward Martin and Ernest Kittson were
present for the prosecution, and Harkins,
Osler. Carscallen aud Chaill for Phipps.
Mrs. Phipps was not present. The judge
lost no time, put proceeded 10 read his
written judgment. 1t was u document
of fifty-fOu pages Of foolscap, aud during
its delivery Osler sat reading 4 law book,
Harkins leaned his chin on his hand and
gazed at the judge, while Phipps lay back
in his chair aud never removed his eyes
from the judges face except now and then
to turn them on Harkins and Oslcr. His
eyes blinked frequently and tie corner of
his mouth twitchcd Dervously.
The opinion Of Judge Sinclair was filled
with references and authorities in support
of his views. After referring to tho three
detailed charges against the prisoner. viz. /:
Forging the signatures of Seeds & Fergu-
son, Walter L. Murphy and A. ]. Bellows
to receipts for S59J, $3.50 and S377 rcspcc-
lively, the judge found that tho prisoner
had obtained the warrants for money be-
longing to these receipts by falsely repro
senting to Williamson that ho had author
ity to sign. Tho dcpositions of Murphy
Seeds and Bellows showed that this state
ment was wrong. As to tho objections
raised by Osler, that the depositions were
not in the proper form, the ruling was
that in q case of this kind the matter and
not the form ought to be considered. The
plea that tho prosecution was for political
motives was secuted by the Judge. lie
found that tho .Offense charged was
really forgery under the terms of the ex-
tradition treaty. "For these reasons"
says the judge, IL am Of opinion that
Ellis Z. Phipps must he detained for ex-
tradition, Oh the charges preferred against
him."
The judge in his opinion quoted Justice
Draper to the following effect: 81 think
l am bound to cOnstrue a treaty made be
tween my sovereign and her ally in lib
eral and just spirit, not labOring with
eager astuteness to find flaws or doubtful
meanings in its words or in those of the
forms required for carrying it into effect.
We arc to regard its avowed objcct-the
allowance of each country to bring to trial
all prisoners charged with the expressed
Offenses. Neither Of the parties can prop
ly have any desire to prevent such trial or
to shield the offender. have neither the
desire nor tho right to suppose that he
will not be fairly tried in tho United
States. The treaty is based Oh the as
sumption that each country should be
trusted with the trial of Otfenscs commit
ted within its jurisdiction
The major had a short talk with his
counsel after the judgment was rendered,
and then went back to the Jail with Capt.
Henery.
A writ of habeas corpus will he applied
for and an appeal taken to single judge
i'll Toronto, AMI appeals will be followed
up to the last stage The general opinion
is now that even in the last appeal Ph;pps'
counsel will he defeated and that he will
finally 10 surrendered. The papers in the
case will be forwarded to the governor
and council, and an appeal can be taken 1T
any time within fifteen days. Il the
meantime Phipps remains in Hamilton.