Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-03-07
PHIPPS MUSTCOME BACK

PHIPPS MUST COME BACK |
rHE CANADA c0UETs kETUhx HIN.
All tho Judges Of the Court OF Appeals Of
ontario Decide that the Fugitive
Msjor Should Do Returned.
Toronto Dispatch to the Times.
There were plenty of lawyers, but no
piles Of law books, at the judgment in the
Phipps appeal case before the court of ap-
peals here TO- day. Phipps was represented
BY three lawyers, including Harkins, of
Philadelphia. The commonwealth was
represented by two. The judges of the
court were Chief Justice Spragge and
Judges Patterson, Ferguson and Burton
of whom Burton was counted on as rea-
sonably certain to decide in favor of the
major. That was the calculation of the
majors counsel. He did decide that the
offense with which the major is charged,
having regard to Willismson's affidavit.
was not forgery, but he nevertheless rec.
commended that the major should be
extradited. The chief justice was the first
to read his Judgment. He was of opinion
that resting the case on the question OF
forgery as to the simple signing of the
warrant stubs it was clearly against the
prisoner, but the piece of evidence in the
deposition of Williamson that he will
iamson) was told that Phipps had author
ity to sligo. introduced another element on
this point. After consideration, Spragge
deci0ed that it could not change the ma
ture of the act, which was forgery. The
evidence was altogether such as in his
opinion was fit and proper to commit the
prisoner for trial and consequently for
extradition.
Judge Burton said :" I don't want to
be understood as asserting to the offense
as defined by the chief justice. The act
charged against the prisoner is not forg-
cry, because the deceit consisted in the
false representation and not in the signing
and if the act as described by Williamson
was not forgery it cannot become so by
the fact that third party is prejudiced.
do not agree with the chief justice when
he says that the fraud was forgery. On
this ground agree with Justice Cameron,
of the court below, who has had more
criminal experience than any other judge
on the bench. 1t may be that Williamson
and Phipps were in collusion, and here l
concur with the chief justice. Nor do
think We can rightly interfere with the
judgment of the court below. The appeal
is consequently dismissed" Judge Pat
terson reviewed the objections to the de-
positions and documentary evidence which
had been submitted in the case, and held
that they were sufficient for the purposes
of the court. He agreed with Spragge
that the signing OF the names of Bellows
& Murphy and Seeds & Ferguson was a
| md do hn or fc fo1c Nu
their face. If tho case only turned on the
attempt to deceive Williamson it would
fail, but jury would consider them as i'll
tended to deceive others. Phipps had
been properly remanded for extradition
and the appeal must be dismissed.
Judge Ferguson's views were similar tC
those of Judge Burton. He believed the
offense was not forgery, lift YVES as charged
in Williamson's deposition. But rejecting
Williamson's testimony and believing thai
he might have been in cOllusiOn will
Phipps, the Judge dismissed the appeal
The court being thus unanimous in refus
ing the appeal, Osler said he could no,
take the case to the supreme court of Can
J ada, but might carry it to the Englist
, privy council. Unless he enters appeal t
the council, Phipps will 60 back as 500,
, as the fOrmalities arc gone through with
The Question OF an Appeal.
1t has not yet been decided whethe
Phipps' Case shall be carried up to th'
privy council of England. Tho major
t counsel were in telegraphic c0mmunicatiol
with his Philadelphia friends all the after
4 noon and evening touching the question
l of appeal. The expense Of taking an ap
. peal to the privy council is very heavy ant
, it is thought doubtful if An appeal will bt
l made. 1t was stated that Philadelphi
: man prominently mixed up in the aims
house affairs wired to Lawyer Carscallel
t to the effect that it was quite evident tina
! Phipps would have to 60 and the racke
t might as we'll be stood now as later. /
las been insinuated that as sooD as th
major begins his journey towards Phila
e delphia some gentlemen of that city vii
. begin journeys to various indefinit
. places.
Major Phipps, who has been in ja
, nearly six months, has not suffered in aI
q pearance since his Incarceration. He ha
. grown stouter and his complexion
! pretty we'll bleached, His appetite is goo
! and his private table is we'll supplied
a Yesterday he found fault with the cookin
of some article of food and rated his at
f tendant soundiy. The attendant got ever
, however by remarking:
: "Well, it's id sight better tina
the sawdust you used to stuff Philadel
phia paupers with" The major smiled.
Governor Henry, of the Jail, received
telephone message from Toronto. ar
! nouncing that "Phipps mus 60" H
I communicated the intelligence to th
1 major, who remained silent for some time
0 with bowed head. Then he began vigo1
ously pacing up and down the corrido
and remarked: SWELL, if must
t must.''
"Do you think you will appeal again !?
= asked Mr.. Henry.
The major replied swell, you see,
can't exactly say. It isn't my fight.
can say nothing until I hear from m
friends in Philadelphia" After furthe
promenade he said: 'Ialmost wish ha
gone back at first. At the very worst
Q would now have six months of my tern
e served"
j Phipps feels much cast down over th
l. | 1ooiSinu 0f tho oo,vrt Of nnoo1 r,nOu vUh IN