Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-09-10
He Never Came Back Any More

Sheriff Wood returned from Chicago
last Sunday evening, but he was not ac-
companied by j. c. Trainor, the gentle
man who Custer county is so eager to
entertain, and whom Mr.. Wood has so
faithfully sought to secure for a month
past. Trainor's own shrewdness and
the pliability Of Chicago courts COM
bined TO defeat the ends of Justice, and
:. - 4 - 80 -.
never stand trial in this county, on the
charge of grand larceny for which he
was indicted some time ago. AS stated
last week the extradition papers were
! secured and Trainor was taken into
custody, but sued for release on a wri,
of habeas corpus, and released he was
| in spite of the fact that the evidence
| against him was Of the clearest kind
and though the papers were all right
and every step legally taken. The
judges decision, after hearing the case
is something novel in the line Of legal
documents, and as it is very interesting
reading. we publish it in full below
Mr.. Wood says that Trainor testified
that after he was indicted he appeared
in court and demanded trial several
different times, while the fact is he
never was within the limits of Custer
City since court convened last spring
Upon this grouLd Trainor's attorney
maintained that his client was not q
fugitive from justice, and 80 the judge
held. That was a fair sample of the
proceedings of the court. Referring to
the indictment the court said:
As to the question Of the sufficiency
Of the document, courts have held that
that could be enquired into, and among
them is the Supreme court Of Ohio ia
| the Seldom case i'm the 34th. They say
| that it is matter of substance and not
Of form that can be looked into. That /,
is really question OF whether man is
charged with crime. That was an in
] dictment for embezzlement and il was
insisted that IL was informal. But am
not prepared to say that under the pc
culiar statutes OF Dakota that the indict-
ment is sufficiency bad. How a man
can go to Dakota and is appointed adj
ministrator can while administering en-
bezzle money which he himself is en-.
titled to is q question of fact. 1t may
be rather difficult to say but perhaps
there might be state Of proof. but il Is
sufficient TO say think in substapce
that the court is not authorized upon
this indictment 20 say 10 Is not not sui.
ficiently bad. That is to say that it is
an annuity.
The next question that is made on
the face Of the paper is as to the sufiici.
sncy of the evidence, of the proof that
the Relator is q fugitive from justice
from South Dakota. Now the paper
upon which this warrant was issued
consists frst of the requisition and then
of the certified copy Of tho indictment
and then Of the application for the re.
QUESTION. That is not certified to at all
Il is not upon oath. Then there Is q
bench warrant or 80 far as the record
elbows it was never in the hands of the
sheriff at all And that Is all. The
question is whether it is sufficient In
| Spear on extradition this matter is all
discussed and without going into au.
thorities will read from that. (Read.
ing) I also quote from Hurd. "There
must be an actual fee from justice, etc. :
Spear says "Thers must be legal evi
dence showing that this party fed from
the state or territory in which he Il
charged with crime, ETC."
Applying those rules. leaving out the
question OF the governor certify ing tc
the indictment made to and before q
proper empowered officer, think It u
suffi' lent TO say that there was no evi
dence before the governor to show tha
this relstor was q fugitive from Sonti
Dakota, and the result is that the re
lator must be discharged, and It is s.
ordered.