Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-08-08

During at least that much time longer
Burke VIII be prevented from any COM
munication with his lawyer, and If indi-
cations are correct will be made the OBJ
ject of all processes that render the
sweat-box fearful. The ruse Of intro
ducing the authority of no less person
s.than the president of the United States,
secured the vantage for the police.
Lawyer Kennedy this morning, after
having spent yesterday in fruitless eff
forts to reach some understanding with
the authorities, flied a petition with
Judge Baker asking for a writ Of habeas
corpus The petition set forth that Chief
Hubbard had charge of Burke ard had,
contrary to law, secreted his prisoner,
instead Of conveying him to the county
jail where persons under Indictment
should be brought and confined. Mr..
Kennedy stated that he asked
Chief Hubbard to be allowed to
see his client, and that Burke
be taken to jail Both requests had
been refused. The petition also charged
that Chief Hubbard had ordered Burke
kept in irons and chained to the floor of a
railroad car en- route to Chicago
Judge Baker at once issued a writ
commanding Chief Hubbard to bring
Burke into court at 3 p. IN. At that
h our the chief appeared with States At
torney Longenecker and Corporation
Counsel Hutchinson without any pre-
liminaries Mr.. Hutchinson made the I'M
expected declaration in reply to the
writ that Burke was not in
the custody of Chief - Hubbard
lat all. Burke, contended Mr..
Hutchinson, was in the hands of Officer
Collins, who had him on a requisition and
who was acting as the messenger for the
president Of the United States. A Whis
pered consultation here took place be-
tween Senator Kennedy and Lawyer
Forest, attorney for Coughlin, who was
present in the courtroom.
Kennedy then demurred to the return
on the ground that it was eVasive. When
applied TO yesterday Chief Hubbard had
said that Burke was in his custody and
that the prisoner would be kept secluded.
A wrangle between the lawyers in the
court ensued, which was finally cut short
by Judge Baker saying: ''There is no
doubt that Burke is entitled to see his at
torney and that Mr.. Kennedy has the
right to talk to his client. AS for the
custody of the prisoner, there can be no
doubt that it lies in the Hands of the per-
son holding the writ of extradition
Burke s LAWYER then drew up new
petition asking that q writ of habeas
corpus be- directed to Officer Collins
on the ground that he was
bound under his commission as messen-
gel to bring Burke into Illinois, and to
turn him over to the proper authorities.
This he had not done, but placed him in
the police station of the city of Chicago,
under the jurisdiction of Chief Hubbard.
The petition charges that Hubbard was
heard to say he would not send Burke to
jail before noon of August y as he had a
purpose of his own in keeping him out.
Judge Baker then issued an order for
the writ as prayed for, returnable at
noon tomorrow.
HAS BURKE SQUEALED?
Late tonight it was being reported
with great positiveness that Burke had
confessed. The story was that the pris-
Oner was much affected after a talk with
States Attorney Longenecker, and sub
sequently sent for that official and the
chief Of police. An interview lasting an
hour was participated in by the trio.
The assertion is made that a letter signed
10y Burke viii he produced in court to-
morrow morning repudiating Senator
Kennedy as his representative. The de-
tails of the prisoner 5 alleged confession
are lacking.