The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-03-07
THE LOCAL NEWS RECORD.
LATEST FROM Ell MAHDI BAUM
The Railroad Strike on the Gould System
Something Nice in Plants and
Flowers - Midland County
Fully Organized, Etc.
Baum's Trial at Chatham.

appears an account of the hearing of r.
Baum, the cotton swindler, whom the
authorities, or rather County Attorney
Clint and the Texas e. Pacific railroad,
are essaying 10 indiot. 1t reads:
"Bsoked for Texas; Baum remanded
for Extradition on the charge OF arson (;
an important point raised by Mr.. Will
son, counsel for prisoner; both sides
confident OF success"
The Planet says: On Thursday morn
ing the proceedings in the Baum extra
dition case were continued.
Mr.. O'Hara, master In chaDcery, in
troduced TO the court Messrs McDon-
nell, of st. Louis, and Cowart, of Dallas,
United States, lawyers.
Mr.. Douglas, for prosecution, said it
was the intention to proceed on the
charge of arson. He put in the original
dispositions land indictment of the
grand jury in the case) taken before
Justice Kendall, Dallas, on the 10Th day
of February, 1885. Baum was accused
Of burning his own store in Dallas,
March IA, 1882, for the purpose of obtain
ing the insurance.
Mr.. Thomas Furlong, chief detectiye
OF the Gould system Of railways, was
called to prove papers put in. He
knew the prisoner to be the Il. Baum, q
party to the proceedings.
Mr.. Wilson objected to tho reception
OF the papers, hut his honor said they
were proved quite oonclusively and he
would admit them.
Mr.. Thomas Furlong to Mr.. Wilson:
Came here to secure extradition of pris-
oner, and secured his arrest for uttering
forged paper; believe Kendall TO be a
properly constituted justice of the
peace; he is IN elected state officer, as
distinguished from federal officer; first
took charge of the cause of Baum year
about the LIST of February, 1886,
that true bill was found
against prisoner; was not aware that the
proceedings against Baum for arson
had been quashed in the courts of
Texas. During Baum's arrest here he
went back to Texas and obtained n war
rant for his arrest; Q. II. Clint was at
torney for the ttate ofTexas and prose-
cuted; Spencer, policeman Of Dallas,
assisted Clint; was not aware that since
the matter had been sent before the
grand jury an information had already
been laid; the Information was laid
against Baum the day before / got
there this last time: took these proceed
ings according to advice OF counsel.
Mr.. Wilson conducted the witness
through a long stage Of cross question
ings on matters of technical nature
bearing principally upon the validity
and correctness of the papers produced.
The federal justices, or commissioners,
had jurisdiction alone, the witness ex-
planned, in matters federal; Justice
Kendall as state officer, has jurisdic-
ton in criminal matters of this class,
arson being crime against tho law OF
the state.
At12o'elock the court adjourned for
dinner.
Mr.. Wilson, after ,resuming at $3.50,
wished TO submit some expert profes
sional evidence from Texas TO show On
that Kendall had no Jurisdiction 10 en-
terrain the charge at all before him in |
which the pretended depositions were
taken, (2 that he had no authority to |
swear the witnesses who made these
pretended dispositions and that these
witnesses would not DO liable for per-
jury in the event of their statements be-
ing false, (3) that Kendall is not a mag
istrate of, or for, within tho state in the
meaning of the Ashburnham treaty and
Canadian act of Parliament.
Mr.. Douglass objected to II, and his
honor would not entertain II at all,
Mr.. Wilson took the following obiee.
tons TO admissibility of the documon-
tary evidence deduced on the grounds:
First-Not being taken in open court
here, they are not authenticated by law.
Second-They are not authenticated
by witnesses who had compared them,
or sealed by the minister of Justice, or
minister of the foreign state.
Third-The person who purports TO
certify 10 the correc tness Of the deposit
lions and warrants Is nota Judge, mag
istrate or officer OF the United States, or
proven To be such officer competent TO
give such certificates.
Fourth--The dispositions, If any, were
not taken before tribunal or court be-
fore which the prisoner was or could be
present, and the prisoner had no notice
To be present or cross examine his OPP
ponents.
Fiith-fhe evidence OF Furlong shows
that the proceedings were extra judicial, |
and ex parti, taken only for the purpose |
of obtaining the prisoners extradition, |
after an Indictment had been preferred |
by the grand jury of Dallas county, |
Texas, and while such was pending In |
the district court, of Dallas, which court
alone has Jurisdiction.
Sixth-The certificates and documents
regarding the findingof the cornonor's
jury, do not show upon what evidence
the coronor's jury found, as may ap
pear. Tho subsequent dispositions are
neither originals nor properly signed
copies, nor do they purport TO be prop
erly signed by the witnesses.
Eight The dispositions show in them-
selves that at most tho prisoner cannot
be Indicted a. the principal, but Is only
an accessory, as at the time of the fire.
he was absent from the state, and by
the laws OF the state an accessory, even
before the fact, cannot take the part of
principal.
His honor overuled thoobjectlons.
Marshal II. Mcdonald, lawyer, st.
Louis, was called as an export. He
was familiar with the Texas laws with
reference TO the crime of arson and
other crimes, and proceeded from
the Revised Statutes OF Texas TO
read articles of the statute relat-
ing TO arson, which, with a minute ex-
animation by counsel for defense, oc.
cupied considerable time, until wearied
with the proceedings, his honor brought
them 10 close by accepting the evi.
dence OF Mcdonnell, M 10 Jaws of Texas
and demanding the prisoner for extradi-
ton,
Mr.. Wilson then asked Il IL were the
intention of the prosecution, If the pris.
oner We're extradlted on the charge of
arson. TO try him In Texas upon any of
the other charges preferred.
He WAS assured IL reply that the pris-
onerwben they got him 10 Texas, would
be tried ON all the charges.
IL was decided 10 20 on with the ex-
animation this friday morning, on the
charges of false preionses.
Mr.. Wilson this morning raised the
objection that the court had not the
power TO hold for extradition on the
charge OF false .pretenses. In other
words, that tho parliament of
Canada exceeded It's power In
extending the list of extrasltable OF
fences named In the Ashburnhsm
treaty, which does not include that of
false pretences, AZ II pretended to do In
an act subsequent 10 the Ashburnham
treaty OF 1872. Judge Bell was not AT
first disposed 10 consider the objection,
but finally advised the prosecution that
unloss the objection could be met he
would be obliged 10 dismiss the prison,
or on the charge In question.
Mr.. Douglas said the objection had
been sprung on him aud he asked unit
- 81. a A.. IA.