, 1891-02-27
HE HAS NO SHOW.
Kingen's Chances in the United
States Court.
The Charges of Kidnapping Being
Investigated.
Decisions in Similar Cases Adverse
to Kingen.

whether or not William kInRen, the Ne
braska cattle thief now confined here, can
be lawfully detained by the Wyoming au
thorities. Mr.. Burke in his opinion states
that 1t is beyond the power Of the execu-
tive authority to interfere with the judi
cial power In such cases. II Kinzen'sim-
prisonment is unlawful it must be so de-
cided by the courts. and does not rest in
the discretion of the executive rover.
This opinion will no doubt put an end TO
the case as far as the unlawful detention
feature OF the case is concerned, and
KinRens attorneys will make any other
arguments they may have to the courts
1t seems very doubtful whether the
case will be taken 10 the United States
courts. Kingen's attorneys assert that he
Is in custody in violation Of the provision
oil tine United States constitution that no
state shall deprive any person of. life,
liberty or property without due process of
law, the fact that the prisoner was kid
mapped and brought here without legal
process bringing the case within that in
hib ton. He further claims that should
the matter be laid before the United
States supreme court. Kingeh would be
at once released.
An examination of similar cases found
10 the criminal history of this country
made by interested attorneys shows that
the very point in question has been re-
peatediy passed upon. In an Illinois
case 1t appeared that u mar by the name
Of her was indicted in one Of the Chi
cago courts for grand larceny. He fed
the country and went to Peru. Proceed
lngs were Instituted for his extradition un-
der the treaty between that country and
the United States. and application was
made by our government for his surren
der, and a warrant was issued by the
president directed TO a man named Julian,
as a messenger. TO receive him from the
authorities of Peru upon bis surrender,
and to bring him TO the United States.
Julian, having the necessary papers, went
to Peru, but without presenting them to
any oflcer OF the Peruvian government,
or making any demand on the govern
ment for the surrender of Ker. forciblY
arrested him, placed him On board the
United States vessel, then lying in the
harbor, kept him in close confinement I'M
til the arrival of the vessel at Honolulu.
in the Hawaiian islands, where, after
some detention, he was conveyed in the
same forcible manner on board another
vessel in which be was carried a prisoner
to San Francisco. Before his arrival in
that state the governor of Illinois had
made a requisition on the governor of
California for his delivery as a fugitive
from justice. The governor OF California
accordingly made an order for his surren-
DER TO a person appointed by the governor
oil Illinois to receive him and take him
to the latter state. On his arrival at San
francisco he was Immediately placed in
the custody OF this agent who took him
to Chicago. where the process OF the
criminal court was served upon him, and
ne was held TO answer the Indictment.
lie then sued out a writ OF habeas corpus
before the circuit court OF the state, con-
tending that his arrest and deportation
from reru was a violation OF the treaty
between That government and ours, and
mat consequently his subsequent deten'
ton under the process o. the state court
was unlawful. Inc eircult court remanded
MN TO jan holding that whatever illegalty
might ave attended MS arrest 1t could not
aneet the. Jurisaietion OF the court or re-
lease Nun from iaollty TO the state whose
laws ne mad violated. Upon the case be-
ing Drought before the supreme court OF
one onlIed states that judgment was IN
enect athrmed.
again. In an iowa case, 1t appeared
that the defendants we've charged with
larceny mml In that state. They
were Dug by FORCE from the state OF
hissouri' ana against their Will, by par
ties acting without authority, either OF a
requisltion or otherwise, into Iowa, where
an inulctment against them had been
found In the latter state they were re-
arrested, ana turned over 10 the author
t'es lor oetention and trial. 1t was con-
tended that their arrest was In violation
oil law that they were brought within the
jurisdiction oil the state by fraud aud
Violence that comfy to a sister state and