The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-10
BAILEY'S FREEDOM
The kidnaper Will Not
Be Sent East.
Attorney Hawley of Detroit, Mich,
Fails Wholly to Override Carroll
Cooks Objections.

Attorney Joseph G. Hawley, of Detroit
Michigan, has come all the way to Califor
MIA to see that Harry Bailey, alias Thomas
Bailey, alias Thomas Kennedy, who il
wanted In Detroit on charge Of kidnap.
ing. does not escape extradition. But un
less Attorney Hawley can cite some more
authorities for Baley's detention by half
past o'clock this morning the ALLEGED
kidnaper will walk forth free man.
The case came up before Superior Judge
Hebbard yesterday afternoon on a writ Of
habeas corpus. Carroll Cook represen tee
Bailey, while MIR. Hawley was formally
escorted into court by Assistant District
Attorney Black. Judge Murphy of De
Norte, who originally remanded Bailey on
the first habeas corpus proceedings taken
in the case, sat beside Judge Hebbard on
the bench.
Carroll Cooks motion yesterday was
based on specific objections to the war
rant signed by the Governor for Bailey IS
eXtraditiOn. The main point was that no
affidavit duly sworn to before a magistrate
was cited in the warrant, and that no
crime under legal proceedings taken was
charged there against the prisoner. The
exceptions to the return were seven in
number. and on citing authorities in sup
port of his contentious Carroll Cook asked
that tie prisoner be discharged forthwith.
Mr.. Hawley replied with a long and la
boriOus effort to show that mere techni-
calities of law could not be used to defeat
the ends of justice. Every rule of law"
he said. Should be made in favor of the
action of the executive" And in support
of his plea on behalf of justice Mr.. Haw-
| ley introduced the written opinion of
Judge Murphy of Del Norte, delivered on
the occasion of his demanding Bailey in
Department 10 of the Superior Court.
Judge Hebbard waited until Mr.. Haw-
ley had finished aud then reminded him
that he had not answered the authorities
produced by Carroll Cook in support of
bis objections. He also stated that these
authorities were cases wherein he (Judge
Hebbard) himself had occasion to order a
prisoners discharge. Such authorities as
had been cited by Mr.. Hawley had not
| SHAKEN his views.
him continuance. He was not prepared
| to cite any more authorities at the
| moment, and. besides, it was intended to
apply for fresh warrant that would be
perfect in every particular.
II cannot give you time, Mr.. Hawley."
said the Judge. ITO procure fresh war
| rant. That would not be right. Your case
must stand or fall by the present warrant.
But tell you what l Will do. will give
| you until half past O'Clock tomorrow
| morning to cite other authorities that may
alter my opinion. Failing that, 1 shall
order the prisoner discharged from GUS
| tody." An adjournment was then ordered.
| Carroll Cook seemed eated at the vic
tory he had gained over the famous Michi-
gan lawyer. while no great amount of
sorrow was exhibited in the District At
torney's ONCE. There was general feel
ing that Mr.. Hawley had been sent from
Michigan because the authorities there
feared that they would not receive fair
play If their case was left to the tender
mercies of those representing the city and
county of San Francisco.