The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1891-02-13
FITTON GETS OUT AGAIN.
A Close and Interesting Point of Extradi.
tiOn Law-Judge Wheeler Agrees with
That Other Able Lawyer David Il. Hill.

That Other Able Lawyer David B. Hill.
| The United States Circuit court last week,
, Judge Wheeler, suspended Merritt Sowies
receiver of the National Union bank of Swan
ton, and appointed Henry M, Stone of Swan.
| ton to the place. The ground for this action
/ was not ANYTHING wrong on Mr.. Sowles, part
but that he was interested in claims against
Albert Sowes in insolvency that were ad-
verse to the bank.
| In the Meneau habeas corpus case the deci-
| lon was That the marshall should have Gus.
| ody of Meneau, In Jail here on civil process
and wanted in Canada on criminal action,
| to take him before eXtraditiOn proceedings
with Canada. A civil process wouldn't
stand In such case, 1t was held.
But the most interesting case was the ha-
0eas corpus proceedings In favor of Robert
Fitton who was arrested at Bennington last
week after being brought from New York
and released on bail in a larceny proceeding
1t was argued by Col. Haskins for the state,
or nominally tor the jailer of Windsor county
and by M. II. Goddard Of Ludlow and +. l..
Waterman of Bratteboro, for Fitton. The
ground of the application was that he could
not be arrested on a different charge here
than the one he was brought from New York
to answer and the court SO held anu ordered
his release, giving him "a hours to get out of
the state.
This involved some close and interest
ing points. When Sheriff Nash went to Troy
to get Fitton he took requisition with him
In regular form from Gov. Page. But Gov.
Hill refused to honor 1t on the ground that
the affidavits on which it was based were
defective being sworn to before a notary
public whereas the law says explicitly 1t
| must be ''before magistrate" TO correct
the bunder would necessitate going back to
Bennington, taking the affidavits anew and
going through the whole pro less again, occu.
pying perhaps weeks. In the meantime Fit
ton could be kept IN custody under New York
authority. But for some reason he was anX.
ious to get away from there Zone theory is
that detectives had found letters that tended
TO connect him with crimes In Montreal) and
he offered to waive the irregularity in the
affidavits and return to bennington with
Nash on condition that he should be tried for
| no other ffense than that for which ne was
taken. Nash who had no idea that he was
Robert Ftton but supposed him to be John
Rice, very ordinary thief, readily consented.
Fitton then drew up paper setting forth the
waiver and saying that he went back only on
this condition. He signed it and 50 did Nash
a0d an attorney from Hoosic Falls below his
name, and merely as witnesses as claimed.
but not under I. head that Nas drawn Off for
witnesses on the other sidSof the paper The
document Il quite peculiar in this respect.
The law aDout eXtradition is well settled
as between nations that a man cannot be tried
for anything except the otlense on which he
Is eXtradited. The Federal Supreme court
has serveral times held that this rule holds,
even where II is not provided for in treaties.
because 1t has come to be principle of inter-
national law. Does the same rule hold as be.
tween states? No case involving the question
has yet come before the supreme court. Gov.
Hill, who Is very able and far-viewed law
yer, was the first to hold that it did and o
guide his executive conduct accordingly.
Judge Wheeler soon after decided a case in the
Same way, and his lead has been followed in
one OF two other Circuit court decisions.
The philosophy OF this careful guarding of
eXtradition is to preserve the righ. of poiiti.
| cal asyl lum. For instance, IL n nation could
| get a man eNtradited for theft and then pros
| ecute him for treason, there would be very
| little left of the political asylum idea. 1t can
readily DE seen thar tue same limitation was
important in practical and moral sense as
between states in the slavery days. NOW pro-
bihitiOn, or the making Ola crime In one state
which is not recognized as such in another,
offers somewhat similar parallel. Further
more it Is good Democratic doctrine, that in
all except their federal relations the states
are as much sovereign as independent nations
are.
Col. Haskins' argument against Fitton's re-
lease was three fold, first that the court had
no jurisdiction as it was not Il case arising
under the United States constitution or laws.
second--though this was not very much de.
pended on apparently-that 1t was still un-
settled In law that this international rule as
regards extradition extends to the states, and
finally that when Fitton returned TO the state
with Nash he voluntarily placed himself
within the jurisdiction of Vermont, and was
as much liable to arrest rs any citizen, that
there was no eX,radition whatever, that any
agreement which Nash made could not bind
the state, that the paper which Fitton drew
up amounted to nothing. that the rules about
extraction were not for the sake of the
criminal, but to preserve the comfy between
states, that If Gov. Hill had signed the war.
rant under the requsition it would be break
ing faith with him TO prosecute the man Tor
any other otiense than the one named, hut as
he signed no warrant and assented to no re-
qutsition, the reason for the ordinary rlle
was totally lacking.
Messrs. Goddard apd Waterman for the re-
laior insisted that the requisiton was all
r ght and In regular form in every way eX-
cept for these aftidavits back of it, and that
FiIton IN waving as he did and coming back
20 the state, gave no more power over him
than the rtquisiton would have conferred.
and that as ne could not have been tried on
any other charge if he had been eNtradited
he could not now. The argument was long
and interesting one, and Judge Wheeler as
stated above decided that the man must be
released Fitton exhibited some of his re-
markable qualities IN the contest. lie knew |
as much ABOUT the eXtraditlon law rs all the
LAWYERS there, and he was all a ong referring
them to authorities and opening up statutes
and decisions bearing on the subject. As
he has been operating about the world he
has evidently been studying up how to outdo
the law. III there is anything he enjoys in
life. 1t is to lead the way up 10 blg hight
over law question.