Savannah morning news. [volume] (Savannah) 1868-1887, 1885-05-05
ROBERTS NOT RELEASED.
JUDGE SPEER REFUSES TO RE
COGNIzE THE WRIT.


suru-t. in custody of the Marshal
His B4it Fixed at $40, OOO-Judge
Speers Decision-Grounds of the APP
peal.
The case of William s. Roberts. in the
matter of an application for writ Of ha-
beas corpus, was continued in the United
States District Court before Judge Speer
yesterday morning The seats in the
court room were all taken. many mem
bers of the Savannah bar being present.
The evidence was concluded on saturday,
and Mai. Black. of Augusta, counsel for
the prisoner. opened the argument.
Messrs. Chisom and Miller, the Op.
posing counsel, mad been busy ever since
the adjournment of the court on Saturday
hunting UP authorities with which to
convince judge Speer that the doubt
which had arisen in his mind as to the
validity of the indictment, because Of the
Joint Indictment Of two persons without
an allegation Of conspiracy, was ir-
relevant. When the point was touched
upon, however, the court announced that
it was unnecessary to cite authorities, as
he was convinced that in that respect the
indictment was all right. Mai Black ar
GUeu tNat the court SueulU 90 DtUiuU the
return of the officer. the execution war
rant. and even the indictment, and inves-
tigate all Of the material fats in the case.
AS a reason for this position he suggested
that the question Of identity, for instance,
might arise in the Federal court or state
court a question which could not have
cone before either Gov Hill or GOV. Nc
Daniel.
Analvziue the Indictment. the counsel
for the prisoner declared that the proof of
ownership OF the bonds alleged t0 have
been stolen was insufficient. The indict-
ment he claimed. did not allege that the
Bethlehem iron company was an indyid- |
ual. a corporation. JOINT stock concern, |
a partnership or anything else. II it was /
q corporation it should be so stated. The |
idea that it was an individual, was |
ridiculed, for individuals rarely have such
names.
Mai. Black then made the point that the
COMPANY was not a legal entity, and his
Honor suggested that it was impossible to
steal from a nOnenhty. The next point
discussed was the necessity OF showing
that any crime had been committed bv the
accused against the State of New York
while there.
ARGUING on THE INDICTMENT.
seWe respectfully submit" said Mai.
Black, "that there Is evidence in the
record upon which the indictment was
found which clearly shows that if any
crime has been committed it was in
Georgia and not in New York. On Feb.
u. 1884, Roberts. who was then in New
York. telegranbed Edwin II. Walton, !
cashier of the Bank Of Augusta. 10 send I
ten bonds to the Mercantile National |
Bank of New York. The response was 1
received from the cashier that ne bad sent /
the bonds by express. Roberts did not |
see them, did not have them. and did not |
handle them." From this the attorney |
proceeded to the allegation that Roberts
WAS fugitive from Justice. Reciting the |
evidence in denial. he added that /
oven had Roberts violated every law
against the state of New York. Gov. Hill |
mad no jurisdiction for the issuance Of a
requistion unless the perpetrator had /
been in the State Of New York and fed |
from il after the commission OF the deed. |
Unless he was a fugitive there was no /
authority upon which to issue a warrant, |
and the restraint must he held Illegal.
The case of Senator Patterson, OF South I
Carolina, for whom Gov. Hampton issued |
a reQuisitiOn while the Senator was in /
Washington in the discharge of his duties, /
was cited. At the hearing on a writ of /
habeas corpus the prisoner was dis /
charged because il was shown that he 1
had not fled from his State. but had lett it /
TO attend to his Senatorial duties. The /
by a person IN another State at the time |
was CITED as a crime against State |
which is not extraditable.
AN INDICTMENT AGAINST WALTON.
Another point was made that Walton, |
tn only witness for Roberts. could not 90 |
to New York and testify in his behalf, be- |
cause an indictment was pending against |
him also.
Mr.. Frank Miller, counsel for the
Bethlehem iron company, opened the
argument for his side. he OBJ
served that every point discussed by
Maj. Black was similar TO those argued
and passed upon by Jud ROney, Of the
Richmond Superior Court, last week, ex-
cept the one referring to the joint indict-
ment Of Walton and Roberts. 'Every
point brought up here" he said, twas
brought, or could have been, before Judge
ROney.v He cited a number Of cases i'm
r futation of the argument Of his oppo-
nent.
Capt. G.. A. Mercer replied for the de-
Tense, and was in turn followed by Judge
Chisholm. He held that all prescriptions
were in favor Of the warrant. that it WIS
made for the Indictment, and that il could
not be cOntrOyerted by anv other testimO-
ny. He declared that the burden Of proof
as 10 the Bethlehem iron company was
upon the defense. and that It was for them
10 show that the Bethlehem iron company
was not an individual. "Proceedings Of
this kind" said lie, "should not be
qaashed through legal techuicalities."
Judge Twiggs Tor the defense, closed
the case, and a recess was taken To give
the court an opportunity TO prepare his
decision.
JUDGE sPEER's DECISION.
In about twenty minutes the court re-
convened, and Judge Speer rendered his
decision, which was as follows:
In re. w. :. Roberts. Petition for habeas
corpus. First Archibald, page 90. The con-
stitutiOn OF the United states, article 1,
section 2, provides that person charged I'm
any state with treason, felony or other crime.
who shall fee from Justice and be found IN
another state SHAH, on the demand II the
executive authority Of the state from which
he ned, be delivered up to be- removed 10 the
state having jurisdiction Of the crime.
This provision Of the organic law received
the careful consideration of the Federal
convention. Certain changes were
made In phraseOlOgy showing the
settled purpose Of It's trainers to
make 10 the policy OF the Union 90 su render
in one state The fugitives from justice in am
other % is q settled rule OF inter State
comfy ana impose ON absolute obligation on
each state ia @ proper case made before MS
chief executive officer 90 surrender aud facili-
tate The eNtradItiun Of parties charged with
crime M the other states Of the Union. By