The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-09-12
HOLDING ST.PAUL Man.
Brought From Minnesota, Dis
charged at Butte, in Jail
at Boulder.
After One Sheriff Got Through
With Him Another Official
Steps in.
warren re,feyes That Governor Msr-
rtam's EAsraiiti0n Papers arc Good
for One Offense Only.

Daniel Il. Warren, of 81. Paul, has been
IN iail At Boulder, Jefferson county. since
about tho middle of August. charged with
grand larceny. He does not believe that
the authorities have any right to keep him
locked up and has applied to the supreme
court for a writ of habeas corpus. Attor-
ney General Haskell says a fine point Will
DO raised for the court to decide. warren
was arrested last July In ST. Paul and ex-
tradition papers were issued by the gov
ernor of Minnesota, based upon a requlsl-
ton from Governor Toole. Sheriff John II.
Lloyd, OF Silver Bow county, went to ~.
Paul and brought Warren to Montana. he
was put in Jail at Butte on = charge OF
grand larceny. The requisition FOR his ar
rest was based upon q complaint made be-
o,e Henry McMurphy, police magistrate
of Butte. Il. j. l%hornburgh was the COM
planning witness. On August 20 War
ren's case was called up nd
he pleaded not guilty. The county attor-
ney then dismissed the complaint and or
dared Warren's discharge. Sheriff Dodley
Halford, Of Jefferson county, laid his hand
on Wa,ren's shoulder and told him he was
under arrest and would have to go TO Boul-
der. Halford had a warrant from q JUSTICE
Of the peace in Jefferson county charging
Warren with %AwindlinR, cheating or grand
larceny. The real offence il said to be OBJ
tanning money on a bogus check. Yester.
day Wnrren's lawyer came to Helena ano
applied for the writ. The application sayl
that there ID no complaint filed against
Warren for the alleged offence for winch
he was extradited from Minnesota, 1t being
ouashed in the Silver Bow court on motor
Of the county attorney, and mat NO - no.
county of the state. Warren's attot'
nsy says that the e1tradition pro
ceedings were solely for the purpose O
permitting him to be arrested ana dotalheo
on sccount of tho crime charged TO nave
been committed in Jefferson county, ane
for which he was not extradlteu, ana INA
he has not been extradlted Tor the GRIM
with which he now stands charged. 1t y
claimed that his, present detention IS II
violation of the constitution OF the ohltee
states. and that his trial for the pretended
crime in Jefferson county would be a FUR
thor violation of his rights under the con
stitution and would be bad faith to tn
laws Of Minnesota and Montana.
Tho main point raised in behalf OF wal
rem ID whether the officer had the right t
arrest him before he Ind a reasonable tim
in which to leave the state. Warren's at
torney DOES not believe it was the prope
thing for a sheriff to do. The questions Q
law involved ara to be submitted on brlef
to this court for decision. Among the pa
ers in tho case is a COPY Of a telegram 1roI
st. Paul, dated Aug. 3. addressed 70 d. :
McGinn, care of sheriff, Butte: "Warrel
intends to fight; better wire here STATING, 3
whom wanted, and also send such othe
particulars ms will be necessary to hol
him pending arrival of reputation -'~.