The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-07-09

Tho hearing on the writ OF habeas
corpus 10 tho case Of Justice Of the
Peace George Arkic, arrested Friday on
a warrant Of Gov. Naccorkle's, based
on a requi,ition from Gov. Carr, Of
North Carolina. on a charge of grand
larceny, came up in the criminal court,
Judge Jordan on tho bench, promptly
at $3.50 Saturday forenoon. Col. Robert
White, Judge Cranmer and Col. Arnett
appeared for tho defense aud Messrs.
Doyener and Conitf represented Sheriff
Neir McPhauiI, Of Columbus county,
N. O., who came after the prisoner.
Tho writ was read. also Sheriff Franz-
helms return, which recIted that he
held the prisoner by virtue Of the
governors warrant, the reqnisition
from North Carolina and an Indictment
duly returned there against George
ATEie for grand larcency.
Colonel Afnest then moved 70 dismiss
tho prisoner, and Colonel White took
the floor and argued in favor OF this
motion. The arguments throughout
were purely technical, and the great
public interest in the case waa shown
BY the fact that the court room was
crowded throughout the hearing.
Colonel White held that tho court not
only could, but ought TO. 20 behind the
ooyarnor'a warrant and examine into
tho circumstances OF the case. He
claimed that tho papers presented were
inadequate and faulty, and said the laws
OF West Virginia were moro strict than
those OF any other state IN their provis,
ions concerning reqrisitions. he said
that It must appear that every proyis-
ion Of tho statute Is complied with DO
fore the requisition 10 honored. The
Statute requires that It be stated'in the
warrant that application lie made In
good faith for tho punishment Of crime
and not for tho purpose OF collecting q
debt or mulct and thatit Is not for the
purpose OF getting the alleged fugitive
Into tho state for the purpose OF serv-
ing civil process upon him. Tho facts
concerning tho alleged oGense must be
also stated. Thus Il will DO seen, said
Colonel White, that four essential
points had been omitted in the warrant.
which, therefore, had not been issued
in conformity with the West Virginia
statutes.
MI. ConifF controyerted the position
taken By Colonel White. He said the
questions which tho colonel desired
the court to co into wero questions for
tho governor alone. Tho only issue
hero was whether the papers were regu-
lar and Legally Issued. There could bo
no inquiry hero as TO tho merits OF the
case. Tho governor was tho final Judge
as to whether the warrant should be
issued, and need not recite or submit
the evidence on which he based his de-
cision. Mr.. Couiff read several author
tiles on the question, ono OF them worry
strong on the abuse Of the sacred right
Of habeas corpus.
Captain Doyener followed. He said
the only question was II the prisoner
was In custody by due process OF law.
II 40 he must DO turned ovee 10 the
North Carolina officer in accordance
with the gouernor'a order. The statutes
mako it tho duty OF the governor to
turn over q prisoner charged with being
fugitive from justice, and he 10 the
proper Judge as to whether no is so.
BE asked that tho writ be dismissed
and tho prisoner held.
After the noon recess tho closing argu-
ment was begun by Colonel Arnett
He said were the question Of the guilt
or Innocence OF tho accused at issue 1t
could be very quickly settled: Tho fact
that this could not be gone into made
1t incumbent on the court to exercise
great care in inquiring into all matters
OF which II could take cognisance. Tho
court could, he held, go into an exam
ination to determine whether the man
Is really q fugitive from justice; All the
recent dociaious wore in this line. He
claimed that II the money had actually
been taken, as alleged in tho Indictment,
the crime was committed in West vir-
gInia and not In North Carolina. He
also argued that the court could review
the evidence on which tho governor
issued his warrant, and decide whether
II was adequate. -, e..
At the conclusion Of Colonel Arnett'a
argument Judge Jordan took the matter
under advisemont until this morning,
and Squire Arkie was again released on