Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-11-21
TO JOIN CHG BRANK,n
Jimmy Hope to be Brougnr raj

a
term OF service in New Castle Jail for the
bold burglary at the National Bank of
Delaware, Ia this city, on the night Of
November Tth, 1873. One is that no may
be pardoned Out or prison; the other ia
that in the event he cannot secure a par
don, his companion In crime, Jimmy
Hope, who escaped from jail when he
did hut wus not rscsptured, will be seized
by the strong srin Of Delaware justice
and brought back TO keen him company
il New Castle Jail. HIS second hope, it
nov geems proUabla, will he realized.
Jimmy Hopo ~ row held Ut the Tombs
prison, New York, under All indictment
charging him with completely in the
famous Manhattan BAoS burglary in
1878. when q million dollars in govern
mert bonds and over ga 600 cash were
stoIer. Hops son was convicted for
share in this burglary and is now serving
scrnlin the pGnitentiary Yesterday week
LAWYER Charles Brooke, Hops'a counsel,
III Judge Cowiug's court, Eaw York,
moved to have Hope released on the
ground that, having been brought to
New York from California on extradition
proceedings to serve ont an unexpired
term st Auburn, he could not be detained
here for nay hing else. District attorney
Fellows, in opposing the plea, said that
Hope couid not DO tried for the Man
haitian Bank burglary with any hope of
success, as all the witnesses were dead or
missing, but that he was wanted for
crime in other states and should not be
allowed 10 10 at liberty. Decision was
( ycsefved.
n tio altogether likely TINT before the
decision il announced reputation from
the governor OF this State Vili be placed
In tho hGnds of tho New York authori-
ties. demanding the return OF Hope to
SQtsh the sau.enc1 imposed upon HIM for
his crime IN Delaware. About week
ago Detective Sergeant William E. Ffinck
of Inspector Byrneb' force called on
Attorney-genera Biggs and after inform
ing him of Eop9's detention in the
Iomhs, and Of tbs uttes impussibity of
convictinR him OF the Manhattan Bank
burglary, by reason OF the removal or
death of the witnesses In the case, asked
chat reQuistion be issued and Hope
f5EoUgE. buck to Delaware, us was the
sase with big Frans.n Encouragement
biRgs informed Inspector Byrnes' mes.
sGnger that the issuing OF a requisition
sented entirely with the governor, before
whom 10 would Icy tue faots of tie
matter, which he accordingly did.
Governor Biggs, when the case was
laid before him, held that inasmnch as
Governor Stockley had thought proper
to issue o Tequisiticn for "Big Frank"
be did moi zee how he could do otherwise
than issue one for Hope, the circum-
stances of the two cases being precisely
alike. Learning Of the governors decision
Attoruey-Rrnaral Biggs, on Tuesday week,
teieRrnpnsd to Inspector Byrnes, asking
that Hope be tasld 90 wait the arrival of q
rcqnisition FROM the Delaware authori.
ties. ThursdGy the papers were prepared
by the ettornaygeneral and sent to Dover
for the signature Of tho governor and the
nttGat8tion of the secretary of state. To.
Il is expected that Hope will resist q
re.uen to lis old quarters in New Castle
isil, hut very little delay ia anticipated.
Vbe legal question involved in the Case
the fast that the term of ten years to
which tho burglars had been sentenced
expirsd in December, 1853, and they
could not be required to sesve the time
they epent az liberty after their escape
from Jail Was raised when Sheriff Ford
served Governor Stockley's requisition
for big Frauk's" return, and settled in
faycr Of the Delaware authorities. The
question WAS afterwards raised here, but
the court decided that u sentence of ten
gears meant ten years of actual confne-
nent in iail, without regard to tie date
of technical expiration of the sentence.
II is very probable, therefore, that Jimmy
Pope will cat his Christmas dinner in
New Castle jail.
Hope, IL he is brought here, will have
to spend over nine years in confinement.
in order to complete his sentence. He
escaped in the summer of 1874, after
serving prt little more than six months
snc vas not recaptured. "Big Frank,
after year of liberty, was captured by
ex Sheriff William II. Lambson, in Yir
Rinia, but in less than year agar
escaped. He then remained ut liberty
until, in the fell of 1885, Inspector
Byrnes arrested him in New York on til,
Manhattan Bank charge, and, failing 4
convict him, turned him over to the Del
aware authorities. He still has nearly
three years TO serve before the ten year
term will have been ended. Frank Law
ier and Ed Hurlburt, who completed tht
famous quartet that burglRrized the Del
aware Bank, were never recaptured Gfte
tho first escape, and their present abid
ing places are unknown.
Tho requisition pspers for the return
OF bank burglar Jimmy Hope wers for
warded to Inspector Byrres OF New Yorl
It ursdsy night, and Detective Vandegrit
will leave for the same destination Of
Sunday to bring back the prisoner. Hop
seems to be white elephant on tn
hands of the authorities. IIHpec5to
Byrnes docs not want him TO enjo
freedom In New York; District AttOrne
Fellows does not want to try him. an
two courts arc pDndoring over the ques
tion Of allowing liberty to auch DANCE;
ouasscriminal. Thursday Hopes cOunst
got writ OF habeas corpus from Judg
Brown, in the United States circuit court
asking his discharge on the ground thu
I'll Hope WIS extradited from Oaliiorni
TO serve out his unexrired term i
Auburn he could not be legally held O
another Grge.
NEW YoRK, Nov. Thames Hope, til
famous cracksman, was brought here be
fore Judge Wheeler, in the United State
circuit court yesterday on the writ c
hAheas corpus granted by Judge Brown
few DAVIS ago. Since the issuance of th
writ the circumstances OF the case hav
been somewhat changed and the hearin
in the matter Was postponed until ne,
Wednesday morning.
Recorder Smyth has dismissed the il
dictmept against Hope for completely i
the Manhattan Bank burglary, as til
district attorney admitted that, owing
the death of the witnesses in the case,
conviction could not be secured. Hor
was, however, taken to the Tombs on II
seeommitment ordered by Judge Wheelt
We itcrdnv nnndinp the hearing on u