New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-13
JOHN F. BEGGS NOT RELEASED.
INDICTMENT IN THE CRONIN CASE A PRE-
SUMPTION OF GUILT.
THE EFEoRT TO GET AT THE TESTIMONY IN
THE HANDS OF THE sTATE-BURKE's Ex-
TRADITION CONSIDERED CERTAIN.


Chicago, July IL speciaD.-Judge Horton gave up
the whole time of his court to-day to hearing the
arguments on the application Of John T. Beggs, the
senior guardian of Camp 90, C1an-na-Gael to be ad-
mitted to bail. Late this afternoon he denied the
motion Attorneys W. A. Foster and NJ. E. Ames
urged for Beggss release, and opposed by State
Attorney Longenecker. Beggs was brought up from
The jail and was deeply interested witness of the
contest. He dressed in neat suit OF blue, and
II his arrest and confinement have caused him to
worry much they have left no marks on his ruddy
face
Mr. Foster said that according to the Constitution
all offences were baablc, except capital crimes,
where the proof is strong and the presumption OF
guilt great Bail may be offered and accepted at
any time. The State would probably claim that
an Indictment IS sufficient evidence that the presumption
Is great. That was the main point Of the inquiry.
lie said that Judge Tuleys decision was that the only
proper place to apply for writ of habeas corpus
was in the court IN which the case was pending. The
usual custom had been to go to tho most
convenient judge. He read a decision which.
he said, settled the matter. 1t was
In the of Lynch. in the 3sth Illinois
Reports. Lynch was indicted for MURDER but came
into the Circuit Court and an application for
bail, offering to prove that the manslaughter
only. lie had killed a man in a fight, when he was
beset by three The supreme Court decided that
the Court erred In not allowing him to present such
proof.
This finished Mr.. Fosters argument, and Judge
Longcnecker replied to him. lie said the Lynch case
did not apply In any way To the of Beggs Lynch
admitted the killing and offered to prove that his
offence was bailable one, being nothing more than
manslaughter. "BeggsP said the State Attorney,
offers prove nothing. If he offered to prove that
be not in Chicago the night Of May A. and that
he had nothing TO do with the murder in any way,
his case would be different But he simply denies.
He says in effect that the twenty-thrce men who
indicted him are liars Tho Lynch decision does
not touch the question TO how far an In
dictment is a proof that the presumption Of
guilt is strong.7 The State Attorney then read a
number Of decisions declaring that the court had no
right to 60 back of an indictment. One decision
declared uneQuivocal language that an indie
IS a strong presumption, and that after II mas Deen
found tho indicted person must De presumed gum!
until he has been tried. . -,
Judge Horton declined to issue the writ, holding
that the indictment sufficient presumption OF quit
to warrant the holding Of the prisoner without pail
lie did not require the state to disclose the evidence
which the Indictment was found 1t was G claimed LINED
that the application partly with view 10 learn
what evidence the State has. In order that 1t might
be used to assist Martin Bqrhe now he'd fof iNg ex
tradition at Winnepeg. In his fight against oeins
A dispatch from Ottawa sa-s lt is now settled
beyond doubt that the Government VIII grant the
application of President Harrison for the exraditlon
OF BurLe for the alleged murder OF Dr. CrOnu. ne
report of judge Dain has not yet arrived tron VII Mlnn
peg and meanwhile 1t is open for Burke's counsel to
apply for writ of habeas corpus, fifteen days Delng
allowed for that purpose in order that Judge Bans
decision may be reviewed: 1t is rumored that such
A dispatch from Winnipeg Man. however. says :
II Is practically settled that writ OF haoeas corpus
Messrs Campbell and Perdue. Burke has no money.
but few Irish citizens who desire to see the accused
receive fair play ays 'aat M am rae s W be-
paid. THIS Is sufficient 20 satisfy the lawyers