The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-07-11

Judge Balm Finds the Evidence Sufficient to
Warrant His Return to Chicago.

Judge Balm Finds the Evidence Sufficient to
Warrant His Return to Chicago.
WINNIPEG. Man.. July 10.-The argu-
men!s in the Burke case were resumed this
morning. The attorneys for the defense,
Messrs Perdue and Campbell. in their
speeches assailed the evidence. which they
held did not connect the prisoner in any
way with the murder of Dr. Cronin; that it
did not prove that CrOnin was murdered
in the Carlson cottage; that Burke knew
CrOnin, or that he had any malice against
him.
The prosecution reviewed the evidence,
case to Justify extradition.
Judge Balm delivered judgment immedi-
ately. Speaking of the depositions before
the Chicago grand jury. to which objection
had been made by counsel for the defense,
he said 1T only remains for me to con-
slider if the evidence in these dispositions
prisoner for extradition. There is no doubt
but that the crime is within the meaning of
the extradition act" Here the Judge read
matter" be said, 'to act in the same man.
ner as if the prisoner was brought before
me, sitting as magistrate or justice of the
peace, charged with an indictable Offense
committed in Canada"
The Judge went on to say that the evil
dence which, in the case of an indictable
offense, was sufficient to Justify committal
for trial, with or without bail, was suffi-
cient in another case to justify remand
for eXtradition.
THE new evidence" he added, 'that I
have heard is all circumstantial. 1t is not
directly conclusive of his guilt, but it is
evidence that, il was trying the case be-
fore Jury could not withdraw from the
jury; though l might have to caution the
jury that it was very questionable whether
1t was sufficient to convict. But 1t has
been suggested by counsel for the prisoner
that the evidence must be such as would
lead Judge to charge a jury to commit 1t
seems to me that evidence giving strong
presumption of guilt is all that is necessary
to commit prisoner for trial or remand
him for extraditiOn."
The Judge then reviewed the evidence,
and said that it, to him, supplied such a
not take upon himself the responsibility of
setting Burke free, as he would do if he did
not commit it. He, therefore, in the terms
of the act, committed Burke to the nearest
stood up while the commitment was pro-
nOunced. The Judge explained that he had
given judgment Immediately. as the full
court was now sitting. and the question
COulu Dc UlOuSHb DtlOT6 luCul lIulutQldttly
on application for writ of habeas corpus.
The necessary warrant for Burke's COM
NIT was then made out, and Burke was re-
moved to jail. An application will be made
to the Department of Justice at Ottawa at
once for Burke's extradition, but the
prisoner will be given fifteen days grace in
which to appeal from Judge Bain's de-
cisiOn.
Lawyer Beggs Will Stay in Jail.
CHICAGO, July 10.-Judge Tuley, in the
| Circuit Court this morning, declined to
issue writ of habeas corpus in the case OF
| John +. Beggs. senior guard of camp No.
| 90 Clan-na-G Gael, under indictment for con-
| spiracy to murder DR.. Cronin. The writ
| was asked in order that the prisoner might
| be brought into court for a hearing on the
| question of his admission to bail. The
State opposed it in order to avoid disclos-
ing the nature of the evidence against the
| accused at the present time.
| This afternoon. Beggs's attorney went he.
| fore Judge Horton, of the Criminal Court
| and renewed the motion. This court has
| direct jurisdiction of the subject matter
| and over the body of the imprisoned man.
Judge Tuley's ground for declining to in
| terfere was that it was an open question
whether he, In the circuit. had jurisdiction
| in the matter. an indictment having been
returned. Judge Horton. in the Criminal
Court. to whom the application was next
| taken, said he would give @ hearing to
Beggss attorney on Friday.
Saw DIR. Cronin Enter the Cottage.
CHICAGO, July 1o.-An afternoon paper