Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-02-13

A hearing on habsas corpus has been iu pro.
gress this week Of the Brooks House before
Judge Wheeler, which excited no little Interest
from the fact that Robert Fittou, formerly Of
Cambrdgeport in this county. and oi iroctor-
willie in Windsor county was the chief actor
therein It appeared that on the 18th Of January
last or Whereabouts Robert fittun Appeared nt
Bennington under the name of John Rice that De-
came there from Hoos.ck Ialls. n s. where he
was known as John Rice That while ai iisnniue
ton bee stopped az the Elm Tree HOUSE. anu while
be was there Young man named William Riley,
Of toosck Falls who was also stopping nt The
same hotel. had stolen from his pocket twenty
six dollars 10 money aud a silver watch That
having guud reason 10 believe that John Rice was
the thief Riley procured a complaint and warrant
through the states attorney uf Bennington
county for his arrest and this vibrant was
placed in the hands of John Nnsh. pOiite ofiicer
of the village OF Bennington, for the arrest ui
Rice ID was aqcertainel that Hire had Boo The
meantime, Ned FROM bennington and gone 60 thr
CITY OF Troy S.. wher,i he then was
reuuistiuu was then obtained from Gov
Page Of tins state On the governor of the state ul
New urk for the arrest aud delivery GOT the said
John Rice 90 police officer Nash, A. the agent of
Vermont. 60 t~- conveyed hy NASH tu Bennington
90 answer the charge of The larceny Nash
arrived Boz Troy on the 18th. aud Rice was apprr
hended ny a detective as a suspect and placed iu
Jail The next day Nash visited Governor Hili nt
Albany with ms requisition, 90 pruture the order
or warrant for Rice arrest aud delivery. Co D. hy
him taken and conveyed b. Vermont. By reason
of certain defects appearing in the requistiun
papers. Gov Hin refused tu issue the required
warrant NASH returned Co itoy and Informed
Rice Of his inability 10 procure the warrant and
that Goy. Hills refusal would necessitate biz
return to Vermont for q correction OF the papers
Upon this Rice said Go Nash that be needn't do
that. but that he would waive any defects iu the
requisiti0n papers and return with him. upon The
express understanding that he should only DE-
arrested. charged and tried for the offence OF
larceny alleged boz the cuuV of the complaint
attached 90 Gov Page s re,uisitiou This was r,.-
IN rain
Nash. Attorney Oahill and Jaer Miles ~ wit
nesses Police Magistrate Donahue then ordered
the iaiier 60 deliver Rice over h NASH Rice was
let out OF jail ami accompanied NASH Co beuuluE
ton, where be was arrested on the vibrant there
tofure issued and ordered Co hnd bail boz sslu
hice continued tu iuiI az Bennington until Feb
ruary end when be succeeded in procuring hau
This same day ihe authorities az Bennington
found out that John Rice was none other than
Robert ftton, who was under indictment iu
Windsor county for the crime of perjury, and
they were requested % detain him until the next
day. when the sheriff Of windsor county would
arrive with warrant for his arrest o. answer
THIS indictment. 4 complaint for having beer
intoxicated while az said Bennington Ia January
made and a warrant ISSUED against Ricf- uIi.
on which he held until the afternoon OF the
drd when Sheriff Lowell appeared. took him boz
custody bv virtue Of ms warrant and conveyed
MIN Co Woodstock and committed him 10 jail
Futon then brought his petition To- Iuug.
Wheeler Of tine l. S. district court. praying that
a writ OF haneas corpus might issue and that he
D. delivered from thr custody OF the taller 90
indsur county. upon the ground that he was 90
prison on violation OF the constitution and laws uf
the United State. The writ Wa issued. Hud wa
served upon % Taylor. the keeper ui the jail
al Woodstock. VINO. with sheriff Lowell Of Wind
sor county, produced said kobert fittou iu court
a. the Brooks house Tuesday afternoon Notice
had also b''eu sent o. Mr. Stckney, the State'-
Attorney OF Windsor county o. autear az tine
hearing as the representative OF the state OF Ner.
mont. but he being absent from the state. and
not 20 return Tor week or more. the judge
directed that the hearing must proceed With all
convenient despatch. aud thereupon sheriff
we'll
70 represent the state. fitton Wa represented hy
Mr. Goddard 90 Ludlow. and the urW " Water
man Martin a HIT OF tins place
The evidence and arguments occupied the ei.
urr day MednesdAy. and Thursday morning
Judge Wheeler rendered. his decision. dtscunrEiug
thr petitioner from custody. and gave him one
daY 90 which 10 leave the state. ~ considering
thai lu ur a reasonable time within winch he
could return Co the state from which h. was
brought The Judge announced. what cpu-
crlrd ul counsel ga their arguments 60 b. ih~
law. that n person charged with the commission
OF crime "a THIS country. and having ned - q
foreign country. aud upon being eNtradited
tnerefroin Co tins country. can only ~ held and
tried for tine Specific Offence for which be- WAS
eTtraditsi That should he furnish tail or b..
acquitted ut The nfieue-. charged he could not h,
re-arrested upon any other c1mr committed. until
after he had nad All reasonable time 10 rsturu o.
the country from which he was brought That
the same rlllr held true with reference % inter
state eNtraditiun that b. the surrender Of al
alleged fugitive from justice by the authorltlts ui
the STATE e. which be- had nrd AT ms t-lnE
brought upon r-quisitlon into the state wher- the
offence was committed 10 this ~ % was con
tended that tne r-turu uf FIfg4 with Poitee
pficer Nasn was voluntary ret ou his part
and that iuHsmucu a. Tue resIui ia papers wrrt
defective, and that bHt Hill lid not Issur
vibrant fur uts arrest and refnuva frou the
stale. ui all which he we'll informed ami
utfnE entirely without authority ~ take hittoU
from the state OF New urk nus OFFER Ca rrturu
With toe officer uaIur under tue Conditions named
uT tittnu. and his actual voluntary return CnU.
not u- construed az az ertrAdltIun brought hbIuf
under ami ny virtue Of auv provision OF tine elr-
stitutl1u or ui the laws ui the uIfed state ami
therefore the ordinary rule ct law did not apply
But tue Judge held that thr object % the orier or
warrant sought o. IL Obtained OF Gov. Hill. wa
that titiuu might IT, removed without gnmmu.
tiuE breach Of the laws Of the SLATE of New
urk 80 that when fItton consented % r-turu
with the agent of the state % Vermont seut Their
% receive uim. armed with a rt-luisifiuu OF the
governor of TINS STATE. % must b. taken that be
was brought into tins stat by virtue and iorr- o.
SAID revluisitiou. which b-iug 10. h. VA entitled
70 the same immunity he would have teen had
h- b-ru turned over % the Vermont agent upon
an order from ouy Han ami then brought her,
upon the rt-luisltiur Therefor. when Futon
was arrested upon The warrant under whicn be-
was nov held hr not having ts-r.u allowed
ID rrasunablr time 20 return 90 the stat ui New
ORA after hi~ rriuas- accuuut vt tire ufi+-ucr
upon which hr Was brought nerr such arrest
AMI Imprisonment va, IA violation af the ,,tn~ti.
tuiinu AMI las 90 the luii-I STATE