The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-07-10

WITH 4 view there 70 serve him With
eiyil process; and also BY duly attsSted
copy Of az Indictment Or duly attested
copy Of complaint made before : court
or magistrate authorized 70 take the
same, etc.
Here. then. iS the law on the subject,
positive regulation and tantamount
70 a treaty stimulation. and We are not
70 resort TO the comfy Of nations for
our guidance. Every person who Is
charged with an oGense in any state,
and shall fee to another state. shall ba
delivered up. II IL not necessary 10
show that such person is guilty. II e
not necessary a. under the comfy OF
nations 10 examine into tho facts
alleged against MIN constituting the
crime; IL IL sufficient that he 10 charged
With having committed crime. Bot
how charged7 The Laws Of Congress have
answered this question. Whenever tho
executive authority Of any state in tho
union or Of either oil the territories
shall demand any person rs fugitive
from justice, Of the executive authority
OF any such state or territory to which
such person shall have fed, and shall
moreover produce tue copy Of an
Indictment found or an affidavit made
bolore 4 magistrate al any state or
territory rs Aforesaid, charging the per-
son so demanded with having COM
| mitted treason, felony or other crime,
certified a. authentic by the governor
or chief magistrate Of the state or terri.
tory from which the person 80 charged
fed, it shalt be tho duty OF tho execu-
tive authority Of the state or territory
70 which sucn person shall have fled TO
cause him or her 10 be arrested Snd
secured.
In order. therefore, TO give the COVER
nor Of this state Jurisdiction in such a
case, three things are requisites:
First-The fugitive must be- domand-
cd by the executive Of the state from
which he fed.
Second-A COPY Of an indictment
found, or an affidavit made before Il
magistrate. charging tho fugitive with
having committed tho crime.
Third-Such copy of Indictment or
affidavit must be certified Us authentic
by the executive.
If these prerequisites have beon COIN
piled with, then the warrant OF the
governor has boon properly issued and
the petitioner Is legally restrained oil
his liberty; We must look at the return
10 tho habeas corpus case for tho facts:
!. It Is theie rseited that tie govern.
or Of North Carolina has demanded
that George Ankle DO arrested and do
liyeEed up Us fugitive FROM justice.
9. That u copy OF an indictment was
presented charging George Arkle with
the crime Of larceny, which the govern
or Of North Carolina certifies is made
Grim inM by the laws of that state.
g. That such demand is made in good
faith for the punishment OF crime.
and not for tho purpose OF collecting 4
debt or pecuniary nrIllct or for the pur-
pose OF removing tho said Arklo 10 n
foreign juriIdiCliOn with view there 10
serve him with civil process.
4. That the indictment aud affidavit
arc certified by the governor OF North
Carolina to be duly authenticated;
Hare, then, Is u literal compliance
with the constitution and laws OF the
United States, and also. with tho laws Of
this state. And, therefore, the governor
had full power and authority to issue
his warrants to direct the petitioner
70 be arrested and delivered over 10
the agent OF tho state OF North Carolina.
After examination | ain oil opinion that
the proceedings in this cnso have been
regular, thatthe petitioner was legally IN
the custodHpf the sheriff and that he
should be rGtnanded.
| have after careful examination Of
l LnNh nf tim Initial
States court and OF tho various state
courts, come to the conclusion, and SO
decide, that tho warrant OF the gov
ernoE il not only pEima facia evidence
that all necessary legal prerequisites
have been complied with, but it is suf'
ficient, aud that hia action ia not review
able In habeas corpus proceedings. 1t
is, therefore, ordered that this writ be
dismissed, that and tho petitioner be re-
manded to tho proper custody to be
dealt with according to law.
JUDGE PAUL. APPEALED TO.
Accompanying the decision was
formal order carrying.it into effect Col.
Arnett, Col. White and Judge Craumer,
who represented Squire A rkle, con-
suited, and finally requested tho court
to withhold the formal signing and en-
tering OF the order until 4 p. NJ. which
Judge Jordan consented 10 do. Tho
counsel for the defense then consulted
judge PAUL, OF the circuit court, with
tho result that whom his court met in
special session at 1880 p. M, Squire
Ankles attorneys presented tho follow.
ing petition:
TO nc Hon JO'eph R. Pdua, Judge Of the cireai
Court Of OHIO CoHaty:
Your petitioner. George Arklr, respectfully
represents Uuto ysus honor that he Is illegally
detained In the custody oil \. 4. FfnnLhctui'
sheriff OF Ohio county, West NirglniH: That be-
Ing In AuGh custody he presented petition 70
the llon. l. s Jordan. a judge vi the criminal
court OF ohio county, nSking ihnt writ OF
hHbeaS corpus might be Issued and that he
might be discharged from such illegal custody.
Your petitioner Is still illegally and unlusuy
detained in such custody Aforesaid, and now de-
Eircs TO- pray, and herU now docs pray. that your
honor do NJ once grant R.Wftt OF hAbcas corpus
directed TO the sheriff Of Ohio county and com.
mAndIng him to brIng before you o. Judge,
with competent Jurisdiction % hear the matter.
tho body Of your petitioner. With the cause or
causes Of his detention. IN order that the cause
OF causes of his detention aud the reasons
therefor may be inquired into. and he may b.,
discharged from such unlawful custody. ana
have Eucn relief rs be Is under the law entitled
70. and no viii ever pray. etc. o. ~
(SIgncdl GEO. ARRlR
Mr. ConiT, who assisted Captain
Dovenev in tho case Saturday, was yes
to-day associated with Hou. Alfred
Caldwell. Captain Dovener had to
loavc tho city on business, and Gov.
ornor MacCorklc being advised Of this,
tclcgraphed TO Mr.. Caldwell to ropre-
sent him in tho case, and dciond the
warrant. This showed tho disposition
OF tho governor to do what was right
toward tho agent Of the governor Of
North Carolina, and was much appre-
ciatcd by Sheriff McPhaull.