The Saint Paul globe., 1896-11-01

before Judge Kelly at 10 o'clock yes
terday morning, and the proceedings
under it occupied the attention of the
court throughout the entire day. Most
of the time was taken up by counsel
in argument. Attorney Pinch, for the
relator claimed that Smith was en-
titled to his liberty on the ground that
the complaint upon which he had been
arrested charged no offense. 1t simply
state that Smith was wanted for OBJ
tanning under false pretenses goods
and chattels valued at $50 Attorney
Pinch insisted that this was no war;
rant at all under the statutes, as it
did not specify what was alleged to
have been falsely obtained, and that
the detention of Smith on such a docu-
ment was illegal
Attorney Markham. appearing for the
Illinois authorities, argued that the
warrant was sufficiently specific to es-
tabliSh the fact that crime had been
committed, even if it did not go into
a detailed description Of the property
claimed to have been taken, and laid
emphasis upon an affidavit accompany
ing the complaint, which further estab-
lished the facts as were claimed by
Sheriff Waggoner.
When the arguments Of counsel
were concluded in the afternoon, Judge
Kelly took the matter under constd-
Grafton until o'clock, when he re-
fused to discharge the writ of habeas
corpus. In stating the reasons for his
action, the court said it was not
claimed but that all of the papers
connected with the desired extradition
were legally correct with the exception
Of the original complaint upon which
the subsequent proceedings were based
and that if this document alone had
been urged as an instrument upon
which Smith should be held, he would
feel compelled to discharge the writ
But this was not the case, the court
said for the reason that the complaint
was accompanied by an affidavit of the
person against whom the alleged crime
had been committed, which was more
in detail than the original warrant, and
which, viewed with the complaint, was
not insufficient in esta blishing the crime
of false pretenSe. The court then re-
manded Smith to the proper authori-
ties, that the law might take it's course
This meant that Smith was to be
turned over to the Illinois authorities
to be taken back to Lewiston where
the alleged OffenSe had been committed,
but he was not so delivered to Sheriff
WaggOner for the reason that Smith.
attorney moved a stay of proceedings
for thirty days to enable him to appeal
the case to the supreme court Some
thing Of complication arose at this
move on the part of Attorney Pinch,
as the law provides that an appeal
cannot be taken until after the deci-
sion Of judge has been filed with the
clerk Of the courts, and as Judge KEEL
lys decision was oral, the stay could
not be granted on a motion Of appeal
On the other hand, Smiths attorney
declared it would not be justice to his
client to turn him over to the Illinois
authorities, in view of the refusal Of
the court to discharge the writ when II
was desired to appeal the case, ana
such a course was only prevented by
unforeseen circumstances. 1t was final
ly agreed that a stay should be grant
ed until Thursday morning at 10
o'clock, by which time the decision OF
Judge Kelly would be on file and the
motion for a stay on the ground Of
an appeal could be presented. The
court will then decide whether or not
the stay will be granted. If the deci-
sion should be adverse to Smiths side
there appears to be no other resource
open to him but to return to Illinois.
The summons and complaint in the