The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-10-30
Counsel Maintains That the Court
Can Review An Extradition
Proceeding.

Committee, who declare she was a 1ugd-
tive from justice, she was committed to
the County jail pending ~extradition pro-
eeedings. Senator w. D.. DAILY was Sc
cured, and he on Saturday last applied
for a writ of habeas corpus. Justice
L~ippincott, as a matter of right, granted
the order to show cause, making it re-
turnable yesterday afternoon so that
counsel could show the sufficiency of
the charge that she is a fugitive from
justice.
In the meantime the Grand Jury of the
County of New York had Indicted Mrs.
Herreman for criminal contempt of
court"
When Justice Lippincott called the
matter before him yesterday afternoon
there were present Counsellor w. A.
Barricklo, representing Mr.. Golf of the
Lexow Committee; Senator W. D. DAILY
and joe Moss of Howe & Hunmel for
Mrs. Herreman, and Prosecutor Chas. H.
Winfield looked after the interests of
the State.
ONLY ONE THING TO DECIDE.
'Now, gentlemen said Justice Lip
pincott, turning to the counsel, there's
only one question and that is the validity
of the proceeding before Justice Potts"
Counsellor VIM. Barricklo opened the
fight by asking permission to amend the
return by inserting the affidavit of Thos.
E. Kearney, deputy sergeant alarms
of the Senate of New York, and now on
duty before the Lexow Committee.
Senator Daily, on the assumption that
the proceedings before Justice Potts were
invalid, began the argument by aging
down the primary principle of law h a
no persons shall be deprived of their
liberty without due process of law, and
that they shall not be deprived Of the
right of hearing the accusation against
them upon which they are held. The
complaint, he commended, must set out
what criminal law the defendant had
violated.
In the complaint there appears that
Mrs. Herreman has committed the crime
of perjury, and / contend that ut mas not
established that she has broken the laws
| of the State of New York.
Counsel insisted hat the word per
| Jury meant nothing unless some. facts
upon which perjury could be based were
set forth. rs
Beginning with an authority, the Amer
lean and English Cyclopaedia of Law,
on the Law governing extrad4tfon, MT.
| Daily argued that the opinion of Justice
| Depue was in line that the crime must
substantially be set forth before the ex-
| tradition can be granted.
"Supposing the Governor granted the
| eNtradftion of this woman, would TINS
| court nave the right to interfere?" asked
the Court.
Il think yes" replied Mr.. DAILY; 'the
power of the court over a person IN
| custody cannot be questioned. 1t is com
plete, and more SO than the power OF
This proposition Senator DAILY backed
up with several authorities. Then pro-
| ducing the New York code he read the
| forms prescribed for the complaint in the
| case of perjury, and insisted that in this
| instance the complaint was far from be
| ing in accordance even with New YORK
law. Upon the general proposltloh tn sat
forth substantially, Mr.. DAILY gave a bush
Ell of references for consideration;
THE COMMITMENT RIGHT.
Counsellor William Barricklo, in oppos-
| ing the granting of he writ. said that
the sole point was whether the commit
ment were in with chapte D.
page 1856, of 1888 laws, ana ne, ME- bar.
/ the law had been complied. with. Tne
law, counsel said, requires only two facts
to be set out-first, that extradition pro-
| ceedings have either been begun or are
about to be commenced for the extra,
| dition of the defendant, and second, that
he or she is within the jurisdiction OF
the court, both of which essentials w
| DCGn COllllDllCo Win 81 $3.50
| that the proceedings are for detention
| and not for extradition.
Suppose the Governor shall refuse the
| extradition of this woman, III do you
saw of the power of the court? Would
it not be necessary for the defendant to
serve out the terrn?"
Counsel thought that she must serve
| the thirty days., and this was provldeo
for by the comity of States, especially
when a requisition was about to be made
What would you think if someone
| could hold everyone in this court alleg-
ing that requisftion proceedings were
about to be nader"
Mr.. Barricklo fell back on the terms
of the statute, and went on to the secono
point of his argument. He maintained
that since the defendant has been charged
with the crime of perjury in the State OF
New York, the Constitution of the Un1teo
States provides that, upon presentation
Of that fact. it is sufficient to hold q
fugitive from justice in another State
The argument ended by counsel submit
ting his brief and another bushel of refer
ences. Justice Lippincott took all tho
papers, remarking that it was the duty
of the Court to protect the citizen, and
he didn't think the justice had the right
arbitrarily to commit for thirty days.
II will give my decision on Thursday
morning at ten O'clock" he concluded
WILL BE REARRESTED.
To guard against the escape of Mrs
Herreman in case the habeas corpus
| proceedings are decided in her favor, B
Franklyn Webb, of No. I'll Broadway
New York, assistant sergeant-at-arms Of
the Lexow Committee, made a new com
plant before Justice Potts, charging hel
with being a fugitive from Justice. The
complaint alleges that the Grand Jury
has indicted her for wilful contempt o.
| court, which is a crime under the laws
of the State of New York. The con
tempt is her failure to appear as a wit
ness before the Lexow Committee after
she had been served with a subpoena
The complaint sets forth that she fec
to Canada and thence to Chicago for tht
purpose of disobeying the said subpoena
| it was Webb who accompanied her from
Chicago to Jersey City. Justice Pott.
issued a warrant, and Mrs. Herremar
will be Immediately rearrested if Justice
| Lippincott should discharge her on Thurs
day.
No Requisftfon at Trenton.
TRENTON, Oct. 80, 1S94.-Senator Dali.
was at the State House this mornins
prepared to resist any attempt of tn
Lexow Committee to secure a requisi
ton for Mrs. Herreman, but the New
York lawyers did not appear. The Gov
ernor told DAILY that he would not gran
It without hearing him.
Governor Flower Grants a Re
qufsitton.
ALBANY, N. Y, Oct. 80, ~1S94.-Benja
min F.. Webb, an attdche of the Lexoy
New York City Police Investigating Com