Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1891-03-18

be made, that if another arrest is made and
case of guilt is made out the President
will not, on the ground of citizenship inter-
fere with an order Of surrender if such be
made, but requires that the accused be in.
formed that if he or they wish hearing bs-
fore the Supreme Court ofthe United States
on habeas corpus as to the power of the
President in the matter of extradition, or as
to the true construction of the treaty before
the surrender be actually made, every facil-
ity for such hearing will be afforded. Should
the court hold that the President has dis
oretionary power of extraditing citizens
proven guilty of crime, the evil apprehend-
ed will not be realized, and should the court
hold that the President has the power to
extradite only whom bound by treaty to do
so, Congress can then, if it should be it's
pleasure, by statute confer the discretionary
power"
Judge Russell took the case under advise
meut until 9 o'clock, Feb. gath, when he
decided that the writ of habeGs corpus be
decided, and that Mrs. McCabs be remand
ed to the custody of the sheriff to await ex
trad .tion by tie Mexican authorities. In
the argument of counsel for Mrs. McCabe,
the above warrant was attacked as not be-
ing in due form. Judge Russell decided
that the writ was in due form, contained
the proper substance and was according to
law, and must be recognized by him. The
Judge further said, 81 will not pass upon
this as an
INTERNATIONAL QUESTION,
but must decide that the facts presented to
me warrant that the prisoner be remanded
to the custody of the sheriff You have the
right of appeal from my decision, and you
can fight the case in courts having greater
jurisdiction than mine, and carry it up to
the highest tribunal in the land.
My readers will note that Mrs. McCabe
did not appeal from the court that convict
ed her, and she has not appealed from Judge
RusselPs decision, and the time given her
BY law has expired. She will try some 9th.
or course, she is afraid of law and of jury
and court. My readers will also note that
she said she would commit suicide. She is
still we'll and laxative ss ever. The next
move will be before U. s. District Judge
Maxey at Austin, and if he rules against
her, which he is likely to do, then the last
resort will be to 60 to Washington D. c.,
where it takes case
THREE YEARS TO BE REACHED
on the docket-not saying anything about
the trial-caused by the overcrowded dock
ct and number of cases before that honor
able court. Therefore, it may be Mrs. Nc
Cabe may be fed by the county for that
time, and then it ia our belief, unless she
gets into the upper story of the prison and
gets away, she will bs taken back to the
Matamoras prison there to suffer for her
crime against God and Man. The object of
war ia peace. The object of hanging hu-
man being for taking his fellow BEINGS life
is to prevent like occurrence. Law is to
prevent crime. This way of forgetting
murder and expressing
SYMPATHY FOR THE MURDERER
is wrong in principle, dangerous to society,
aud against the law, both human and di
vine. But, say all Mrs. McCabe says is
true, then it would be an outrage on hu-
manity and decency to condemn her to live
possibly thirteen years in the vermin- infest-
ed, filth reeking cells OF a Mexican prison,
subjected to the brutality of Mexican prison
officials. In the meantime we have done
with her case and hope no more such affairs
viii ever happen in Southwest Texas. Your
readers will no doubt see much of this case
in Washington, DC, papers. and like Cut
ting, Mrs. McCabe will become more noto-
rious than famous, notoriety the writer
hopes never to make. G. L. Q.