Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-04-20
BOB FITTON, AGAIN.
He Brings Habeas Corpus Proceeding
to Gain Hi. Liberty.


too Gain Hi. Liberty.
Clerk johnson Of the United States Cir
cult Court returned on the 18th from
session Of the court at Brsttleboro Judge
Wheeler presided. On Tuesday afternoon,
the celebrated Robert Fitton was brought
before the court on habeas corpus proceed
ings. Fitton has just completed sentence
OF two years in the States prison for jail
breaking and is now serving sentence OF
10 years for per jury
He was extradited from New York State
In 1891 and he then instituted similar pro
ceedngs. After a hearing Judge Wheeler
gave the respondent one day in which to
get out of the state. Fitton was not salts
fled with the decision aud appealed the case
to the Supreme Court. In his petition 10
claims certain rights, which In the main are
Ike those in his former stipulation, the
most important OF which are that his ex-
tradition was illegal and that his appeal
gave him tue right to asylum in Vermont
till the case was finally determined.
Hon w. w. Stckney Of Ludlow, who
was States attorney OF Windsor county
when Ftton WAS tried and convicted, APP
| psared for the State and Fltton was his own
| counsel. The prisoner was dramatic and
gesticulated wildly at tine du ing his ar
gument Court reserved decision. Fltton
was remsnded to the custody of the United
States marshal, who escorted him to the
| S ate's Prison or safe keeping, pending the
decision.
Wednesday morning W. d. Dewey Of
| Leicester, who was recently arraigned be-
fore United States Commissioner johnson
upon the charge of sending obscene matter
| through the mai . and bound over to the
| United States court, was surrendered by
bis bondsman in discharge Of his recog-
nizance and the bail was discharged. Dewey
| was ad Judged insane shortly after he was
first arrested and was taken to the Brattle-
boro asylum where he now is. Court re-
manded him to the custody Of the superin-
tendent Of the asylum.
Court ad journed till April IS at p. m,
at Brattleboro.
lie VIII Have to serve His Ten Year,
Sentence for Psijury.
Judge Wheeler OF the United States Cir
cult Court has sent down his opinion in the
habsas corpus proceeding brought by the
celebrated Robert Fitton, who is now serv-
ing 10 years sentence in the State:
prison for perjury. Judge Wheeler re
views at length the facts set up by the re-
lator in his stipulation and denies the petit
| ton Elton will, therefore, have to serve
| out his sentence.
He was OK redited from New York State
| for larceny, was bound over and Furnished
bail. He was at once re-errested on prior
charge of perjury and afterwards discharg
ed by Judge Wheeler from that arrest, on
| habeas corpus, with protection for one day
| i'll watch to return to New York. Fitton
took an appeal Subsequently, he was tried
and convicted OF both perjury and jail
breaking and sentenced. In his petition
Fitton sought to be discharged on the latter
writ from the sentence Of perjury because
of the Judgment on the former writ and
! of bis being under bail in that proceeding,
| when he was tried.
| Ftton was remanded from the custody
| of United States Marshal Amsden to the
superintendent of the States prison to COM
| plete his sentence.