Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-07-18
A FAMOUS TRIAL..
Preacher E. B. Flem0n Makes
a Great Fight for Liberty.
A LIVELY LEGAL BATTLE.
Governors Beaver and Richardson's
Actions Questioned.
JUDGE EWING is ON HIS METTLE.
lie Doubts That the Act of Assembly of
rs is Constitutional.
JUDGE EWING is ON HIS METTLE.
A DECISION EXPECTED THIS MORNING

The legal wrangle over the e1tradition OF
preacher" Flemon has narrowed down to
the question: Who is the "biger" man, as
the well-remembered Texan once said,
Judge Ewing or Governor Beaver?
The Governor has issued a warrant for
Flemon's arrest and delivery to the South
Carolina authorities, but after the events OF
yesterday there seem to be good grounds for
the suppositIon that Judge Ewing will
refuse to accept the action of the Governor
of this Commonwealth, and that the
requisition of the Governor of South Caro-
lima will 90 unhonored. A Governor often
refuses to honor the requisition of a fellow
Governor, but the Intervention of a, Judge
must be a great rarity, judging from the
scarcity of precedents cited by counsel.
At all events, there was a great legal
battle fought yesterday over the body Of
the colored minister, F. E. Flemon, who is
alleged to be John Yeldell, of Edgefeld
county, S. c., murderer under Indictment,
and therefore supposed to be subject TO a
requisition from the proper authorities.
Q Hon. Charles f. McKenna, counsel for
Flemon, found himself debarred from the
privilege of consultation with his client by
the officers of Central station. He immedi-
ately availed himself of the right of habeas
corpus, and Flemon was produced yester-
day morning in Common Pleas No. before
Judges Ewing and Magee. The courtroom
was jammed by sympathizing members OF
the prisoners race, and all were evidently
in a white heat of excitement. The preva-
lent idea seemed to be that if Flemon is
taken back to South Carolina it will mean
his death, and it was plain to be seen that
South Carolina justice is
HELD IN MEAN ESTIMATION
in this community. While in the court
room deputy sheriff of Allegheny county
arrested Flemon on the strength Of q war
rant issued by Governor Beaver, the latter
being based upon the honoring of the for
NAL requisition made upon the Pennsylva-
mia Executive by Governor Richardson, oi
cool imperturbability under this fresh evil
dence of the fact that the machinery of ex-
tradition had been put into motion. The
action of the habeas corpus was then va
Gated in order to settle legally the point in
volved in the whole case, namely: Should
Flemon be surrendered to the South Caro-
lima deputy sheriffs and United States mar
shals?
In order to still further aid his client
Hon. c. F. McKenna renewed the habeas
corpus for the purpose of forcing the issue
of improper restraint from liberty under
Governor Beavers warrant upon the coun-
sci for the South Carolina authorities. This
action was considered a shrewd move, as il
placed further burden of proof upon coun-
sci for the prosecution that Flemon was
really the man wanted by the South Caro-
lima people; but it still further complicated
the situation, as it arrayei the Constitu-
tional rights of the citizen against
the Legislative act of 1873 concern
ing acquisitions. Having now thrown all
possible legal eLtanglements around the
case, the examination of the witnesses was
proceeded with. Both of the South Caro-
lima detectives testified that they had fire.
quently seen Yeldell, alias Flemon, in South
Carolina up to and during the years 1888
and 1884. They also detailed their identif.
cation of the prisoner at the county Jail.
Inspector McAleese detailed the circum.
stances of Flemon's arrest upon the famous
'letter," and also testified that letter from
an Edgefeld county man was found in
Flemon's pockets. Both sides then asked
for an adjournment in order to prepare argu.
ments
A CROWDED COURTROOM.
At the afternoon session excitement in the
courtroom was at fever heat and every point
made for or against the prisoner evoked
such noisy ebullitions of feeling that the
tipstaves had to rap sharply for order. The
habitues of the courtroom had given place
TO a motley crowd of colored citizens, who
lined the back rail and looked at the coun-
sci and His Honor with eyes all whites.
There were not a few faces which looked as
if mischief was meant. Inside the rails were
number of colored women who buZzed
busily and looked with encouragement upon
the prisoner and his counsel. Hon. G. f.
McKenna wore his usual debonair appear
ance, and the form of Hon. Thos. A. Mar
shall lowered above the large sprinkling OF
lawyers present. These two appeared as
counsel for the prisoner Yeldell, who sat in
a capacious armchair, quite at ease. Oppo-
site were Colonel John w. Echols, Clar-
ence Burleigh, Esq, and Mr.. Mariaud,
counsel for the prosecution. Back of them
sat two Southern-looking gentlemen, the
deputy sherifIs who are making a vigorous
fight for Flemon's extradition. The colored
contingent gla ed ferociOusly at these two
worthless and made audible remarks about
"pore white trash" Judge Hazen, OF But
Ter, entered with Judge Ewing and sat
silently beside him, paying undivided at
tention to the case.
Clarence Burleigh, Esq.,opened in briei
argument, in which he took up Judge Ew-
ing's comment OF the morning upon the alb
sence of the date of the murder in Governor
Beavers warrant, and also the absence oi
the name of the murdered man, Deputy
Sheriff james Blackwell. OF Edgefeld
county, S. C. Mr.. Burleigh claimed that
the warrant was complete so far as judicial
jurisdiction was concerned. He then re-
viewed the facts presented in the case and
admitted that the letter upon which the ar
rest was based might have contained errone-
Gus information. Judge Ewing said that
the counsel for the prosecution
HAD HAD AMPLE TIME
to verify the facts stated in the letter, and
should have done so. Mr.. Burleigh argued
that the action of Governor Beaver in issu-
ing the warrant made the necessary steps
complete.
Judge Ewing-Have you any authorities for
your proposition?
Mr.. Bureigh-We have some
Colonel Echols-I have here some authorities
upon habeas corpus.
Mr.. Marshal-Weh read them. We want to
know what they are.
Judge Ewing-Are they not in a brief?
Colonel Echols-I found the authorities but
few moments since.
Mr.. Burleigh-Your Honor, all the necessary