The San Francisco call., 1897-11-17
His Surrender Under
the Extradition Act
Ordered.
Legal Battle In the Court of
Justice McColI at Vic
tOria.
Habeas Corpus Proceedings Still
Open to the Would-Be Wife,
Murderer.
Special Dispatch to THE CALL

VICTORIA, Nov. 16.-James 6. Ben.
nett, the Californian charged with having
attempted to kill his wife, seems likely to
go back TO the States to stand his trial,
the extradition proceedings taken out by
the State of California resulting success
fully this afternoon. in so far that the trial
Judge ordered the surrender of the accused
under the extradition act. There is, how
ever, still the right of habeas corpus pro-
ceedi ngs, and This will be availed of to
the utmost by the defense.
The case excited great deal of interest,
there being large nun ber of spectato ors
at the hearing before Justice McColl. The
application for extradition was made by
J. p. Walls on behalf of the State of Cali
iornia. Herbert Robertson for the de-
ense opposed it. The officer sent by the
California authorities, J. Coleman, testi-
fed as to the circums tances of the crime.
He was in the McAlIister-street building
on October g. aud hearing screams, rushed
upstairs and found Bennett rugglin e
with his wife on the floor in the act OF
cutting ker throat with pocket knife. AS
Coleman dragged him away Bennett drove
the knife into his own throat.
The depos .tions taken in California were
next introd uced. One was that of Ward
Gibson OF the San Francisco Police De-
partment, who stated that Bennett while
at the Receiving Hospital had admitted
the crime, alleging tnat his wife's refusal
to live with him and the attentions of
other men to her were his provocation.
A deposition of Frederick Smith, Ben
netts guard at the Receivin- Hos pital D.,
narrated the facts OF he accused e>caping
from the hospital, which was effected by
Stimulating sleep, throwing Smith off his
guard and causing him 10 cave for short
time, Bennett taking advantage of this
absence.
Mrs Bennett in her deposition said
that the accused upon entering her room
expressed his intention OF killing her, and
she vividly described the struggle that
followed.
Robertson, counsel for Bennett, urged
numerous objections in defense of his
client. He argued that the depositions
should not be admitted, on the ground
that no authority had been shown for tax
ing them. This objection being \over-
ruled, Robertson cited authorities for the
purpose of showing that there must be a
reQuisition on the part of the Govern ment
OF the State Of California to empower the
court to act, and that the prosecution
must establish a case that would secure
CODVICtlOn uIlueT CdilIOTUld laws lOT the
offense of attempted murder. He urged
that such case had not been made OUT,
and that there was o proof of requisition.
He therefore asked that the prisoner be
discharged.
Justice McColl suggested that the points
could De better dealt with on the habeas
corpus proceedings. He, therefore, made
the order to the effect that the court had
determined that Bennett should be sur
rendered under the extradition act, but
allowed fifteen days IL which application
might be made for habeas corpus. Bennett
has expressed his intention OF fighting
extradition as bitterly a. possible and
application will PROBABLY be made during
the week TO have him released on habeas
corpus proceedings. There remains, too,
the iormal requisltion from Washington
to Ottawa for Benefits extradition. and
the necessary order from the Dominion
Government TO hand Bennett over 10 the
United States authorities.