Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-07-11
BURKE REMANDED.
The Cronin Suspect Sent Back to Jail to
Await Extradition.
Another Important Link in the Chain of Evil
dence Discovered-Beggs Refused 3
Writ of Habeas Corpus.
TRYING AGAIN .

CHICAGO, ILL, July 10.-Tbis after
noon Beggs attorney went before Judge
Horton of the criminal court and re-
newed the motion for writ of habeas
corpus. This court has direct jurisdic-
ton of the subject matter and over the
body of imprisoned man.
JUDGE BAN IS DECISION.
WINNIPEG, MAN, July 10.-Judge
Balm delivered the judgment IN Burke's
case Immediately. Speaking of the de-
positions before the Chicago grand jury,
to- which objection had been made by
counsel for the defendant, he said
cit only remains for me to consider if
the evidence IN these dispositions and
from witnesses is sufficient to justify me
in committing the prisoner for extra
dition. There is no doubt but that the
crime is within the mean of the extra
ditlon act. Here the judge read the pro-
visions of the act l have in this mat
ter to act in the same manner as If the
prisoner was brought before me sitting as
a magistrate or justice of the peace
charged with an indictable offense COM
mitted in Canada - The judge went on
to say that the evidence, which in case
of an indictable offense was sufficient
to justify committal for trial
with or without bail, was sufficient
in this other case to justify remand for
extradition. s'New evidence, he
added sethat I have heard is all circum-
stantiaI. 1t is not directly conclusive of
his guilt, but it is evidence that if I was
irving the case before jury l could not
withdraw it from the jury, though
might have to caution the 9jury that 1t
was very questionable whether it was
sufficient to convict. But it has been
suggested by counsel for the prisoner
that the evidence must be such as would
lead Judge to charge jury to commit.
1t seems TO me that evidence giving a
strong presumption of guilt is all that is
| necessary to commit a prisoner for
| trial or remand him for ex-
| tradition - The judge then re-
viewed the evidence and said that
| it to him supplied such strong presump-
| ton of guilt that he could not take upon
himself the responsibility of setting
| Burke free, as he would do If he did not
| commit him. He therefore, in the terms
| of the act, committed Burke to the near
est jail to await extradition, the prisoner
| standing up while the commitment was
| being pronounced.
The Judge explained that he had given
| Judgment Immediately, as a fall court
| was now sitting and the question could
be brought before them Immediately on
a writ of habeas corpus. The necessary
warrant for Burke's commitment was
then made out and Burke was removed
| to jail.
An application will be made to the de-
partment of justice at once for Burke s
extradition, but the prisoner will be
| given fifteen days. grace in which to ap-
peal from Judge Balm IS decision.
DENIED THE HABEAs CORPUS.
| CHICAGO, ILL. July l0.-In the circuit
| court this morning Judge Tuley declined
to issue a writ of habeas corpus in the
case of John f. Beggs, senior guardian
of Camp No. 20, Clan-N Gael, now in
jail under an Indictment charging him
with conspiracy to murder Cronin. The
writ was asked in order that the prisoner
might be brought into court for hearing
on the question of his admission to bail.
The state opposed in order TO avoid dis
closing the nature Of the evidence against
the accused at the present time.
AN IMPORTANT LINK.
CHICAGO. Ill. July 10.-An afternoon
paper says young Mrs. Carlson, daugh-
ter-ln-law of the people who own the
Carlson cottage, viii swear when Dr.
Cronin s murderers are brought TO trial
that she saw the doctor enter the cottage
on the fatal night and heard Il struggle
in the house. This, if true, is very
important link in the chain of evidence,
as there has not heretofore been known
70 be any direct knowledge that the doc
tor was murdered in that cottage.
BURKE ExTRADITED.
WISSIPEG, MAN, July 10.-Argu-
ments in the Burke case are concluded.
Judge Balm has given an order for his
extradition.
TvYar