The Press., 1892-03-03


 sell of Massachusetts, refusing to honor a requisition for the surrender of Jailor Sibley of Windham county, who arrested a runaway prisoner in Massachusetts and brought him back to serve out his period of sentence, makes most masterly pre- sentation Of the matter as he views it. He.quotes from 8 decision in a Massa- chusetts court, which Gov. Russell had also quoted from, so far as answered his purpose, saying:
 The case of Com. vs. Brickett, Pick, 138, seems to me to sustain the position of Mir. Sibley. The court in that case say: ssThe taking is not considered as the ser vice of process, but continuation of the custody" Phillips was liable, and 1t was his duty to remain In the custody of Sib- ley. Your court say: "Has he discharged himself from his liability and duty by coming within the limits of Massachu- setts If he has, this state has indeed be- come as 8 city of refuge, more effectual than his own dwelling house."
 He further says:
 Your information induces you to be- lieve that the convict came unwillingly and the Massachusetts officers did not assist; but you state, substantially, that the peace officers of Massachusetts were fully cognizant of Sibley's act and did not oppose him in removing Phillips. It was doubtless their duty to interfere If Sibley was committing criminal act; and it cannot be presumed that peace officer of the commonwealth of Massachusetts would permit an open felony to be com- mitted in hls presence without arresting the man who was committing the felony i; so am bound to assume that this open act of Sibley was not considered by those in charge of it's peace to be crime against Massachusetts; and if they did not inter- fere at the time, see no reason why, in opposition to their judgment, I should construe the act of Sibley as crime, and the acquiescence of the Massachusetts officers as breach of their duty, and hold them to be accessories to crime. must, therefore, conclude that this open act done in the presence of Massachusetts officers was done by Sibley in pursuance of what he believed to be his duty in ac- cordance with what he believed to be the custom in similar cases and without any criminal intent whatever and certainly with no intent to offend the dignity of the commonwealth of Massachusetts.
 | As to Sibley's being Ia fugitive from justice" Gov. Bulkeley says:
 The attorney generals. of your state have given their opinion repeatedly, as I am informed, in substance, that Ito flee from justice" means a conscious flight from 8 known crime. One of the leading cases in your state is that of James Wyeth, changed with bigamy in Iowa in 1856. Wyeth believed his second marriage would be legal because he understood that di- vorce obtained from his first wife in Iowa was valid. He was indicted for bigamy in Iowa, on the ground that the divorce was invalid. Wyeth swore that he left the state of Iowa believing that he had committed no crime, and with no intent to flee from justice; that he was at the time an inhabitant of Massachusetts was in Iowa not more than one day and two nights; and believed that he had broken no law; that he did not flee from justice, nor flee at all, and did not suspect that he was charged or threatened with anything, and was not and never had been 8 fugitive from justice. Clifford, attorney general of your state, in an opinion dated July 30, 1896, advised that it was not satisfactor. fly shown that Wyeth had fled from ius- tice, and the governor of your state re- fused to surrender him. r; Il And finally:
 j Ineyour first letter to me you suggested that MT. Sibley be surrendered as a mat ter of scomity" between the states. With out satisfactory proof that he is crim- inal and fugitive from justice, I do not think my power over 8 citizen of this state extends as far as to enable me to surrender him as matter of 'comity'' merely. If he~9has committed a crime against the laws of your state, and is a fugitive from iustice," it would be my duty under the constitution of the United States.to render him up, upon proper Tequisition, and I should do so without hesitation or delay.