Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-07-18

indictment, are on file at Harrisburg. Inspec-
/ tor McAleese was right in arresting the man
| even on vague Information, and the subsequent
| identification was complete. There is no ques
ton but that Governor Beaver is SATISFIED that
/ Flemon is the man wanted. The defense have
no evidence to offer in contradiction to the
| identification or proving that Flemon is not
| Yelden. therefore demand that Yeldell, alias
Flemon, be delivered to the representatives OF
| Governor Richardson.
Colonel Echols then read number oi
extracts which seemed to indicate that the
warrant of the Governor was mandatory
upon the judiciary, even overriding the
habeas corpus. The law of 1878 concerning
acquisitions was also quoted from literally.
with the intention of establishing the prin-
ciple sought to be established by the prose-
cu:ion, to the effect that the papers from
Harrisburg supported by the Identification
were sufficient.
JUDICIAL DOUBTS EXPRESSED.
Judge Ewing-I have thought the matter
over, and have come to the conclusion that the
act of 1878 has no effect on the writ of habeas
corpus, which is too deeply grounded to be
changed by legislation. i have no doubt that
the legislative limitation is unconstitutional.
Some other reason should be advanced.
There was sensation among the legal
fraternity at this statement, and murmurs
of supreme Court" were heard.
Hon. c. +. McKenna then arose and said:
May it please the Court: This case has at
tracted wide attention by reason of the wrong
manper in which the city police officials have
acted. The State of South Carolina has COM
menced the whole matter wrong. Our client was
arrested in violation of all law, uponthe slender
evidence of . letter..
Mr.. Burleigh-Last Sundays papers printed
our evidence
Mr. McKenna-The Court will take judicial
cognizance of newspaper publications.
The speaker claimed that the testimony Of
the deputies from South Carolina consti-
tuted a strong alibi for the prisoner; that the
papers were faulty and full of flaws, and
that the liberty of the citizen was above the
tampering of the Legislature.
GLORIOUS OLD TOM SARCASTIC.
Hon. Thomas M. Marshall arose in his
most sarcastic manner and wanted to know
what murder had been committed, and
when? There was nothing proving the
commission OF any murder at all SO far as
Flemon was concerned. He asked for
Governor Beavers warrant, and pro-
ceeded to tear it to tatters,
and remarked that it looked
like a mortgage instead of requisition.
Judge Ewing said it was not requIsition,
but a warrant Mr.. Marshall blaDdly
charged the other side with reading extracts
from "peddler of law" (Church, of the
New Jersey Chancery Court.) He paid his
respects to Governor Beaver, whom he char
acterized as great General, wise Execu-
tive, but a poor lawyer. Mr.. Marshall said
that the chain of evidence was too slender
to drag man to South Carolina to be hung
and quartered.
Judge Ewing-Is this requisition prima facie
evidence?
Mr.. Marshall-Not unless properly made out
and accompanied by something more tangible
side have in evidence, whether it be warrant or
requisition
TIE PROSECUTION CLOSES.
ible and dignifed. He hinted that in the
absence of law or facts the next best thing
was to raise dust and an army of trivial
objections.
A trial by jury of his peers will not dis
grace Flemon. l admit that it is a grave ques-
tIon. Society demands reIribution for such a
crime as murder. and if this man is rightly
charged and legal steps have been properly
taken, he must face the consequences. mir.
Marshall seems to think that Flemon is to
be deprived of his rights. 1t is not
so. The opposition has limited itself
to an attack upon Governor Richardson, but
Governor Beaver must have proceeded rightly.
At least it is always presumed that an Execu-
tive is right until the reverse is proven. The
copy of the Indictment is on file at Harrisburg.
Must it be sent around from place 20 place? In
somewhat extended experience 1 never saw
the indictment presented in court in case
like this. We have made out a prima facie
CASE
Judge Ewing (quizzically)-Have your
Colonel Echols-We think SO. The requisi-
tion demands the return of a fugitive from
Judge Ewing-Yes. but is he a fugitive from
justice? Where is it said that he is fugitive?
This man is young. What date is given me to
base my Judgment upon? bow do know some
other John Yeldell did not commit the crime
charged in l7S6?
Colonel Echols-The fact that this man is ii
another State, under an alias, goes far to show
him to be fugitive. Where is anything to the
contrary
the fact that we have held this man over a
week. The prosecution has had ample time TO
bring enough witnesses here to prove Flemon's
identity with YeldeL
THE COURT AND THE COUNSEL.
Colonel Echols-Our papers are evidence
enough Wehave positively identified the man.
OF what use would further evidence bel?
Judge Ewing-lt was an effort to hold back
testimony much as is done in divorce cases of
the present day.
Colonel Echols-Everything has been present.
ed by US that we deemed necessary to extradi-
tion, and tine defense simply stands in the light
of demurrer
Judge Ewing-They have a right to require
you to make out a case. The copy of the South
Carolina indictment should accompany the
warrant.
Colonel Echols-I have never seen it come
down with the warrant
Judge Ewing-Then the rules of practice
should be amended.
Colonel Echols-We conclude the case here,
Your Honor, and stand or fall upon this war.
rant from Governor Beaver.
This closed the case; and the Court asked for
briefs. remarkIng that the decision would be
| forthcoming this morning. Mr.. Mckenna
asked that the police be admonished to leave
the prisoner free from arrest or further moles-
tation until the decision be made.
Judge Ewing said sharply: at will not be
safe for anyone to molest the prisoner"
Taciturn Roger Mara made a speech to
the Court He said: Your Honor. the Chief
of the Department of Public Safety says that
no further proceedings will be taken against
the prisoner. 1t all rests with the Court"
Judge Ewing: If had believed one-half of
what has been published, 1 should have taken
hand long ago. If anyone lnterferes now il
will be made unpleasant for him."
Colonel Echols said laconically as the crowd
drifted out of court: This case is famous If
Judge Ewing refuses to accept Governor
Beavers warrant it will become-wel still