Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-02-04

lulclIlSeub ucu rs IuOoc Vi TIC hoeheAN@S
whom have met-and they include most
of the family-snd whose comfortable
little mountain, homes, rnde and primitive
though they be, it is always pleasure to
recall. -
/ trust you can take the time to write
me few lines relative to the matter as
you Judge it and know that will gladly
lend my aid in placing the responsibility
where it rightly belongs. 49,
Believe nae, sincerely yours,
u WILLARD A. SHUMwAY.
NeW York, January 30, 1888.
GOVERNOR WILSON'S COURSE.
The Cincinnati papers have systematical-
.ly published statements in connection with
tine border trouble that Gov. Wilson has
more than once refused 3 requ'sition made
upon him by the Kentucky authorities foi
West Virginia criminals. With these pnb-
lications in mind the REGISTER cores
pondent determined to learn the facts in the
case, and thereupon called upon the Gov
ernor, when the following conversation
took place, which embraces the whole
legal aspect of the controversy between
,the two Governors and Clearly yinaicates
Gov. Wilson's action, in refusing to honor
the requisitiOn recently sent to him by
Gov. Buckner:
"Haye you any objection TO the use OF
your official correspondence concerning
the Hatfield-McCoy feud?"
al have no objection, whatever, to the
use OF my official correspondence.
81 have seen it stated that Governor
Knott, of Kentucky, during his term OF
Office, made a requisitiOn on Inc for the
Hatfelds and others. Governor Knott
never made a requisitiOn on me for the
Hattields. Upon recent examination l
find that Governor Knott's requisition was
for r. II. Casey, VIM. Marion Mullett and
Lafayette Boyd. / am satisfied that no
requisitiOn was ever made upon me by
Governor Knott in the Hatfield case, and
therefore will omit the official correspon-
dence between us in reference to the above
case, when Governor Knott refused to
comply with the statutes of our State In
the manner of preparing mis- requisition."
THE WEST VIRGINIA LAW.
The following is the law in reference TO
the affidavit required upon the issuance OF
d IequiSlIlOn bJ INC "O'0ihOi VI 'AS
State:
Sec. 40, ch. ii, Code of West Virginia,
provides as follows:
THE Governor, in any case authorized
by the Constitution OF the United States,
may, on demand, deliver over to the Ex-
ecutive of any other State or Territory
any person charged therein with treason,
felony, or other crime committed therein,
and he may, on application, appoint an
agent TO demand of the Executive author
ity of any other State or Territory any Of
fender fleeing from the justice of this
State.
PrOrided That such demand or applica-
tion is accompanied by sworn evidence
that the party charged is fugitive from
Justice, and that the demand or applica-
ton is made in good faith, for the punish
meut of crime, and not for the purpose Of
collecting debt, or pecuniary mulCt, or
of removing the alleged fugitive to for
eign Jurisdiction with view there to serve
him with civil process, &c"
"GOvernor Buckner issued requisition
dated September 10, 1887. for Anderson
Hatfield and nineteen others, on an in
dictmont fouud by the grand jury, Of
Pike county, Ky, in September 1882.
The affidavit required by our statute did
not accompany the requisitiOn, and it
was returned with copy of the statute
and request for the affidavit. The affidavit
was furnished, dated. October 10, 1887. 1t
was made by Frank Phillips, and was re-
ceived by me some days thereafter.
"Iu the meantime, ] received infOrma-
ton from citizens of Logan county, known
by me personally to be reliable, that some
OF the persons named in the indictment
were undoubtedly innocent, and | con-
sidered il proper that they should be
heard 1, however, directed the Secretary
OF State to prepare a warrant for all the
persons named in the Indictment, except
ing Elias Hatfield and Andrew Varney
From statements since made TO NE by
citizens Of Logan county, in whom | have
the greatest confidence, | doubt if there
are five persons named in the indictment
who had anything to do with the killing
of the McCOys.
"P. A. Cline, attorney OF Pike county,
was representing the Kentucky authorities.
The following letter was addressed to him:
STATE OF WEST VIRGINIA,
OFFICE OF SECRETARY OF STATE,
CHARLESTON, VIVA, Nov. 2l, 1883. J
p. 4. chine, Esq, PikeciHe, Ky:
DEAR SIR:-The requisition of his Ex-
cellency, the Governor of Kentucky, for
Anderson Hatfield, Sr., and twenty Others
Jointly, has been houored by the Governor,
as to all the parties named, except as to
EI;,s uaIf;al1 and Andrew Varney These
two parties have produced evidence before
the Governor that shows, beyond question,
that they were in no wise connected with
the murder for which they are indicted
along with the others, in the said requisi-
tion. The warrants for the arrest of the
eighteen named in requisitlnn will be
issued upon receipt of $54, the fees, &c,
thereon, due this Office.
Yours truly,
HENRY s. WALERR,
Secretary of State,
per Floyd"