The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-04-14
THE COURTS.
keeper Johnson's New
technical Plea.
- USED BY JIMMY HOPE


- D. johnson embesxlemout eaeo,
~ counsel, James Hamilton Lawns,
e SoeInef acquittal and jeopardy In
- c0uEt yesterday, alleging that the
ntton nied against him on April :,
the oame crime and pertains to the
nd circumstances - the iufofma-
neninst him on November 10, lsoo,
- Asmissed on April 9, and that there
not be tried under the new fnfRma-
= under the pfovisions Of the con-
effhe United states ana the declara-
- n the constitution Of the state Of
-, - eaunot Be again put upon trial,
lnasy cannot b put twice In jeopardy
= oGbuse.
- = charged with smbezxling e2,sso
-, einsesmsn 4 Co., in October, lSeo,
= IN the capacity Of bookkeeper for
- he case was called for trial on
n amer . jury had been partially en-
- he trial Of the ease begun, the In
n hing found defective, In not slleg-
johnson was salaried employe Of the
$50 money he Is charged with emhex-
- ense was nolie pressed ct the in
r ~ state, and the information was dis
~ he objections Of defendants coun-
1T claims that be was thereby placed
4 and put IN jeopardy, and that he can
e tiled for the same oflense He also
NJ the writ Of cxtradition from the
q Warrington to the governor Of Cali
r. he arrest and detention In the city Of
znefDeo, vas fssued solely upon the in
- which the superior court dismissed N
-. list the dismissal OF this information
n 1IGninAl Of all proceedings under IL
~ ~ y therefore not legally Ia the Gus
~ court; the court has no jurisdiction
- md be II virtually resident of tho
RI California, from which state he was
- ~ the means Of an illegal information.
- onntendsd By defendant that In law
n11ieo no process whatever can now legally
m his sppreAension, and that he should
ri 70 Ill Of the rights he had ps1or to
onest - I fugitive from Justice, while
NY pursuing his duties In San Fran
= - aays that he was wrongfuily held BY
6DnRt afeer the hrst Information was dis
~ ws illegally restrained OF his liberty
- - should have been restored 70 the same
p & which be was deprived.
1nuoA0 point raised in Johnson's plea ID that
n1n1o Of Washington has enacted no law for
11o extrndition and the only law in oper-
- y - law Of Washington territory, which
~ 1izee3uey, and IN the present proceedings
<fqu1fiye. He demands what he calls his
1omys - Il entitled to immunity from further
- NJ 6etsntion In this case and asks that
O m1ngnafiou 6led against him be qnashed
n1ms n1ds On account OF lack Of Jurisdiction
~ eeust and because It was issued without
- an1hogity and that his detention under it
~ ylo1atfon Of his constitutional rights q q
1n q ~ United States.
- - viii havs . hearing before Judge
+unce q ApKil -. ct which tiyuo the Witnesses
Io1hocted 70 appear In court 90 that the trial
- poosd r. the event the court tails 70 sus-
N 1eanDua's new plea.
~ yiew II The law taken in this case IL
nnlDe1 ~ 1ohnsou's attorney to be the same n
1T takan NJ Judge Wheeler. Of New York, In
- coleegua9d Jimmy Hope bank burglary case.
d0pe ~ e1oo1I1ed from California and 70
hurried - Neu yesk on IN indictment for burg
lnzax1g ~ hank = the Manhattan Safe Com
~ Ut - Indictment wan found defective,
- - noNuu1o authorities sought to try him
40 e0np committed In that state, but the
- eecood that Hope had right to return to
Aln1aA oocausO he had been taken from that
- adjective Indictment.