The San Francisco call., 1897-02-27

cCOIcS Vi iIiclldS III -luc NcT uDSS
knew and loved him. L. is on record that
he told hundreds of people about the
prospecting trip. 1t is true that he did
not mention the name of the person with
whom he was going.
Warming with his subject, the speaker
asked: ''Is it possible that no foreboding
suggested tself at that time? Gould he
not read the warning in that man s face 2"
indicating the prisoner with a gesture.
"These indications are so apparent that a
landsman would as soon think of trust
ing his life to the kindly guidance of a
ground shark as to this defendant
81 do not believe" concluded Mr.. Dono-
hoe, that there is one human being in
this fair City who is so sodden with sin
and dead TO manly impulse that he would
desire TO keep this craven, this murderous
brute, one moment longer than is neces-
sary. / therefore ask that he be handed
over to the authorities of Great Britain.
and that you so certify TO the Scores tary of
State that he may DE returned TO the
country whence he came to stand his
trial."
The court said:
1t is hardly necessary for me 10 review the
evidence l have no written opinion and
seldom make one. l prefer to decide a case
when ii is first submitted and everything is
fresh in my mind. The main argument on
the part OF the prisoners counsel with regard
TO the juris diction OF the Commissioner, or of
any party, to inquire into the criminality of
the prisoner upon these charges that he came
to this country on board British ship and
that that British snip, being covered by
a flag, was British territory, / think
with counsel for the crown that it would be
strange indeed ii such questions could be
raised as between ind1vld uals, on the part of
the prisoner, 10 protect him from prosecu-
ton for the crime with which he stands
charged such provisions are rather for the
benefit of the contracting nations as between
themselves and do not pertain to this case.
But the language of tue treaty is, ''Who shall
seek an asylum in the other country or who
shall be found therein. 1t appears from the
testimony that the pris oner at the bar came
voluntarily aboard the Swanhilda as an able
seaman; he was coming to San Francisco; he
knew the port to which he was coming
There are certain circumstances detailed by
Captain Fraser which tend 10 show that ne
intended to stop here; that he wished 10 dis
guise himself; that he wished to come ashore
before the vessel mad really reached land and
get another job here. And l think it Is u fair
finding from the testimony that he was q
fugitive from justice coming here.
He was arrested on the ship. Counsel con-
tends that the words seeking asylum" have
been left out of the act OF Congress, and that
as the treaty is not seIf-acting and as Congress
has not authorized its officers to act except
wnen the prisoner is found within the United
States, that therefore we have no jurisdiction.
Upon that question l will cite In re Kane,
Decisions OF the Supreme Court, volume 90,
page 66: "The treaty with Great Britain is
equally binding upon us as an act of Con-
gress, and il likewise confers jurisdiction and
authority on the Judges and magistrates of
the respective Governments to issue warrants
for the apprehension OF fugit1veS and for hear
ing and considering The evidence produced
against them, and also provides that the COM
mittlng magistrate shall certify as 10 the suffi-
cheney OF the evidence TO the executive au-
thority, so that a warrant of surrender may
issue"
Thus the court holds that the treaty is in
this respect self acting, and that ii needed no
act of Congress to give the Judges and magis-
trates additional powers. If there be Ques-
tions touching the jurisdiction OF The Commits
sioner, which may be construed OF vital
import, shall leave them to some other tribu-
mai less impressed with the criminality in
VOWED and shown by the testimony and the
charges against the prisoner, and 10 some tri-
bunal that is perhaps less impressed than
am with the importance of such techn3cali-
ties, which, though they may sometimes pt O.
tect the innocent, oftener open up avenues OF
escape 10 the guilty.
The court continued that as to the evil
dence OF criminality there were the fol-
lowing circumstances to be considered
The connection OF Weller and Preston
with the prisoner; the testimony of wit.
nesses 10 the fact of their being seen to-
gether gradually going into the Blue
Mountains-where gold is never found
hunting tor gold; the inducement held
out by the prisoner to each; the dlscov-
cry OF the bodies within ten or twelve
miles of each other, and in one case a
mile and a half from the spot where q
witness testified that he had seen them
together. In the Lee Weller case it was
admitted that there was sufficient evi.
dence for the Commissioner to hold the
prisoner. Then he continued:
If there was ever case that Shakespeare
could possibly have imagined wherein one
should steal the livery OF heaven to serve the
devil I'M II is in the case of Lee Weller, for oil
the certificates by which the prisoner claimed
TO be master seaman were stolen from the
deceased, and here when l asked his name he
first answered "Lee Weller until the evidence
confronted him with the fact that the BODY
had been found, and then he had TO abandon
the idea that he could pass himself off upon
the Commissioners as the real Lee Weller.
When asked whose picture the photograph
of Mrs. Lee Weller was he replied THAT is a
picture of my wite." But mark you, there is
a change later, for when the Commissioner
began to examine him in the Preston murder
case he stood mute and refused to answer.
l shall hold him to answer upon both
charges, believing the evidence shows suf-
hcient criminality on his part, and shall trans
nit certified copy of the evidence to the
Secretary of State AS soon possible, and
shall commit the prisoner into the custody of
tn Marshal un til word is received from the
President, ordering his extrsdition, and
shall later make an order impounding such
property as may be necessary.