Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-05-10

The Conteet for tho Prisoners CUSTODY
The West Chester Village Record of last
| evening has the following in regard to thu
delivery of JohnsF Frankford - q
"District Attorney Windle was seen
| this, Wednesday morning by village
| Record reporter about the matter and he
stated that as yet he hal not been seen by
/ the Lancaster parties in reference to the
subject. and hence could not tell what
would be done There Is no d0aibe but
| that de Lancaster authorities have prior
claim to the prisoner added Mr.. Windle,
but it is not likely that they will be
granted leave to remove him until he has
had hearing before the court here, as
without that Chester county would be
most likely to lose its claim to him after
the Lancaster authorities get through with
him. After he has been tried and convict
ed here the Lancaster parties will no
doubt take him on q writ OF habeas corpus,
which cannot be refused, on account Of
his being at present fugitive from their
prison. In answer to query
of the reporter as to why it was
that the Lancaster parties were
able to hold him when it was known
that he was also fugitive from the West
ern penitentiary, Mr.. Windle said The
case was different. He was tried, tcon-
victed and sentenced by tho Lancaster
county court on offenses committed within
its Jurisdiction, before it was known-that
he was refugee from the Western peni-
tentiary, and Of course after that had
been done he could not be taken out of
their hands until his term in their Jail had
expired. Had he been tried, convicted
and sentenced here before the Lancaster
parties made application for his body, he
would be kept here under the same Cir |
and they would have to wait |
for him until Chester county got through |
entertaining him. When will the |
court be likely to hear the charges against |
l cannot say. The judge is out of town |
will be entirely at his discretion as to
when he will hear the case. He may order
it for an early day or may postpone it
until next term of court, should he feel SO
disposed.
The Local Neaos says "Tuesday even-
ing Mr.. Burkholder, with Sheriff Hopes
and the prison authorities endeavored to
secure. an audience with Judge Futhey
for tho purpose of laying Lancaster's
claims before his honor, but they were
unable to find the judge and the effort
failed, he being temporarily absent from
his home. This morning the judge was
to as he was taking train for a
business trip, and being unable to give
any definite decision Mr.. B. has instituted
to bring about hearing of
his case, which will be had in few days,
when it will be decided upon as to whether
Lancaster's claim shall prevail over that
If Chester or to the contrary. MIR. Burk-
holder feels it to be his official duty to re-
turn the prisoner to Lancaster if it lies in
his power to do SO, as that county argues
\ claim to him because of his nnexpired
term of imprisonment.
The Chester county authorities look upon
the matter in this wise If he is allowed
70 pass from their hands lapse of IA
years might serve to cause some trouble in
effecting his conviction here, as witnesses
nay die or remove to distant places during
,he interim
Mr. Burkholder at Home.
Prison Keeper Burkholder came home
asst evening but did not have the prisoner.
He states that he has begun proceedings
o have a hearing on a writ. in the case,
but the time for that has not yet been
ixed.