The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-02-16
SPEEDY TRIAL FOR BUTLER ITALIANS NOT DESIRABLE
NO LONG COURT DELAYS IN AUS
TRALIA.
The Preliminary Hearing in San Fran
csco-The Findings Must Be Re-
viewed by President Cleveland.

If everything moves smoothly the
way will be cleared during the next
two weeks for the shipment of Muir
derer Butler, Ashe or whatever else he
may choose to call himself, back to
Australia and the fate awaiting him
there, says the San Francisco Post of
the 5th inst.
There is no apparent disposition to-
ward delay on the part of those local
officials with whom the matter will
rest, and it is not anticipated that any
dilatoriness will be encountered III
Washington. where the general facts
of the case are already in the hands of
the authorities.
Our duties here in San Francisco
remarked United States Commissioner
Heacoclk, will be as promptly per-
formed as is consistent with the in
tcrests of justice. The proceedings to
be had before me have, in fact, been
already inaugurated by the formal
identification of Butler. or Weller, as
he calls himself. Next Monday the case
will come up again. and | know of no
reason at present why it should not
he finished with on the same day.
The law requires that the proceed
ings had before a United States Com
missioner in case of this kind shall
he exactly the same as those provided
for as to the preliminary examination
in any ordinary criminal case. | am
required, in other words, to inquire,
first, as to whether an offense has been
committed, and secondly, as to wheth-
er or not there is sufficient proof
against the prisoner TO justify holding
him for trial on the pending charge or
charges.
"The preliminary inquiry being end
ed it becomes my duty to certify to all
the evidence given before me, when
is then forwarded, together with my
findings, to the Secretary of State at
Washington and by him submitted 20
the President.
"If the proceedings are approved Il
report to that effect will be immediate
ly made to the United States Marshal
for this district, whose duty it will
then be, provided. of course, | have
found against the prisoner, to turn
over to the representatives of the Brit
ish Government, upon their demand
and the presentation of the eXtradi-
| ton papers which will be furnished
them at the same time that the Pres
ident's formal Endorsement of my
| findings is issued.
Il see no reason" concluded Com
missioner Heacock, why everything
should not be ended within the next
two weeks. That should allow time
for the evidence and findings to be
forwarded to Washington and passed
upon there, and for an answer to be
returned. The prisoner can then be
handed over to the Australian officers
and there will be nothing to prevent
them taking the first steamer fol
home"
There will be little delay attending
the trial of the prisoner. The Sydney
detectives have been at work upon tn,
case for several months and have theil
arrangements completed. The prison
er will be given n reasonable time t,
prepare for his defense, but will no
be allowed the tedious delays permit
ted by the courts of the United States
In Australia there are no such refuge,
for convicted criminals as appeals t.
slow-acting Supreme Courts and con
sequent stays of proceedings and il
cases of murderers hangings quickl,
follow convictions.