The times. [volume] (Richmond, Va.) 1890-1903, 1891-12-25

Correspondence Between the Two Governors
In Regard to ExtradItIon Papers.

correspondence between TINS AWo o"'os"~''
| In Regard TO ExtrsdItIon Papers.
Governor Mckinney has of late had good
deal Of correspondence with the authorities of
the State of Ohio in regard to the extradition
Of resident of that Stnte on requsition
which Governor James 4. Campbell. OF that
State declined 20 honor.
The matter was brought to the Governors
knowledge by the following letter from ex-
Governor Fitzhugh Lee, dated Lexington.
Va, November 30. 1891
Ny Dear Slr.-Not long ago you VIII re-
member n requisition was obtained from Won
for the rendition Of w. s. Whitman, OF Iron,
ton, Ohio He had been indicted by grand
jury for felony.
/ do not know whether you have been
officially informed or not OF the fact that
your roqusition was not honored by the
Governor OF Ohio
1t seems that the Chief Of Police OF Rich
mond telegraphed to the Chief OF Ponce AT
Ironton. Ohio. the home Of Whitman, asking
him to arrest said Whitman pendlnga requlsi-
ton for his rendition. Mr.. Whitman. 1t seems.
was Immediately informed at Ir0ntOn OF this
dispatch from Richmond, and promptly pro-
ceeded with his lawyer, papers, &C. 70 Co
Iumbus. the capital of the State, where an IN
terylew and hearing was obtained from Gov
ernor Campbell.
The sheriff of this county arrived next day
with the requisItion as we'll as the indictment
by the grand Jury. Whitman. with his counsel
and his friends. were summoned again TO the
executive Office. where the case was consid-
cred all evidence of causes being upon one
side. because the sheriff. being purely an
executive or ministerial officer. was not armed
with any evidence upon the other side OF the
question.
TRIED THE CASE.
After trying the case in this way the Gov
ernOr Of Ohio declined TO grant the requisi-
ton. You. of course. know that this 10 not
only in violation Of the Constitution OF the
United States, which makes II mandatory
upon the executive OF one State 70 return u
fugitive from Justice upon the requistion OF
tho Governor of another State but It IS also
a violation too, of tho clause Of the Constitu-
ton which insists that full faith and credit
shall be in one State 20 the public acts IN
another. IL is also violation OF an agree
ment entered into by the state Of Ohio with
Virginia and other States during my term as
Executive of Virginia.
l respectfully request tina: you Will repre-
sent 10 His Excellency the Governor of Ohio
these facts and officially ascertain from him
his reasons for going behind the Indictment
OF grand jury Of this State.
We have in our possession letters of W. =.
Whitman which in themselves. in my humble
opinion, will be sufficient TO send him TO the
Ithihthttht1s anu AZ nttHio uo IA ttt'tS NNaH
something wrong somewhere if q man can
commit these grave otlenses in one State and
by going into another escape the cOnse-
Quences Of his crime.
FROM THE SHERIFF.
On December 18th Governor Mckinney
wrote to Governor James f.. Campbell, Of
Ohio. that he had been informed that r requi-
sition issued by him FOR the eNtradition of W.
S. Whitman had not been honored. lie en-
closed o letter from X. r.. Witt. sheriff OF
ROckbridge county, setting forth the crcum-
stances under which Whitman WAS wanted in
his county for larceny.
On December Dist the Governor received a
letter from Mr.. r. Il. Witt stating the opin-
ion of Hon. David Il. Watson. Attorney Gen
eral of Ohio. which the latter gave 10 Cover |
nor Campbell. In his opinion the Attorney |
General makes the following statement
The evidence fails to satisfy me that the /
ohenses charged in the indictment to wit: |
the larceny of certain prOmssorY nOtes-had |
been committed. and il wholly failed 20 show |
that an Oilense had been committed within /
the county of Rockbridge OF State of Virginia.
tits. therefore, myopinion that you should |
decline to deliver said Whitman to the custody |
of the Virginia officers"
Upon their opinion Governor Campbell /
rJte to Governor Mckinney on December |
18th letter wherein he explains his action in
the following manner:
Your reQuisiti0n for w. s. Whitman was
presented, and under our statute was referred |
10 the Attorney General.
Upon examination into the case and the
testimony Of the parties representing the
Commonwealth Of Virginia il was obvious
that the crime If there had been any. was
committed in the county of Lawrence, in this
State. and that the defendant could not be
extradited for il. ! was present ~ the hear |
ing Of the testimony; and my personal opin-
ion concurred with that Of the Attorney Gen
eral.
| beg TO return herewith the report Of the
sheriff Of Rockbridge county. Va
Private Secretary Mcleod on Wednesday |
informed Governor Lee of the result of the /
in the name OF Governor Nc
Kinney.