The San Francisco call., 1897-02-09
BUTLER'S COUNSEL QUESTION
THE COURTS JURISDICTION
Second Day of the Exradition Proceedings Involving
the Australian Suspect Before Commis-
Sioner Heacock

tion over the person OF the prisoner.
Thlrd-That this tribunal has no jurisdiction
over the su bject matter of this proceeding.
Fourth-That the complaint does not state
facts sufficient TO constitute an extradictable
ofense under any treaty between Great Brit
ain aud the United States and es ecially under
the treaty now in force.
Fifth-That the prisoner is deprived of his
liberty without due process of law, contrary
to and in violation of the provisions of the
fifth and fourteenth amendments to the con-
stitution OF the United States.
Slxth-That the proceeding herein is unau-
thor1zed and contrary 10 the terms OF the
treaty relations between Great Britain and
the United States as set forth in the treaty
nowin force under date OF July Is, 1889.
As the above objections, he continued,
were such as might be raised at any stage
of the proceedings they did not care to
enter further into the matter at the mo-
ment. 1t might, however assist in estab-
fishing the relevancy of evidence which
they proposed to produce.
The court, replying TO the objection as
to jurisdiction and authority, said that a
section of the Federal procedure provided
for case OF the present nature and EN- =
powered the Com missioner to make an
order 10 subpoena witnesses at the expense
of the Government. He also read his
specific authority granted by Judge Nor
row, January 5, 1897, in the District
Court, under which he was now hearing
evidence as to criminality, etc.
After some further technical discussion
on the part OF counsel relative 10 these OBJ
lections Attorney Stone said that the de-
tense might present the same with addi-
tional force as the case developed, where
upon Attorney Cormac called Sergeant
Bunner to the stand.
MIR. Black desired to have it entered on
the record that the taking of evidence
Was incompetent, specifically on the
ground that the complaint set forth no
a5rf r.,HT = foh AfTa
1872, as modified by the convention of
1889. He contended that the complaint
contained no sufficiently accurate charge
TO make the offense one ander common
law, according 10 the terms of which the
court must proceed.
The court-Objection overruled.
Mr.. Stone-Excepton taken
The witness then deposed as follows:
he was sergeant OF police and D.puty
Marshal and resided i'll the City and
County OF San Francisco. H had writ
Ten permission from the Marshal. pro
duced, examined and read.) he was in
the police station at the loot of TAYLOR
street at O'Clock on the morning OF Feb
ruary 2, 1897, when be had in mis- possess
sion warrant. Constable Conroy called
him about 4:30 or 5 o'clock, telling him
tnat the Swanhllda was outside. He then
got up, and accompanied by Detectives
SIIvey, Roche snd McHaLtie went down
along the wharf. They STAYED there fif-
teen or twenty minuIes listening for sig
mails but received none from the towboat.
After while Officers Ferguson and Con-
roy called his attention 10 q flash OF light
wnereupon they went aboard the revenue
cutter Hartley and proceeded down the
bay until of the PresIdio. Here they ran
alongside the Swan hilda and Detectives
Silyey, Egan. Ferguson and himself went
aboard.
Tne witness then found the captain and
asked II he had man named Lee Weller
aboard. Tne captain aid he had and
witness asked If he was In irons. The
captain replied that he was not. After
some talk all hands were mustered by the
United States quarantine officer, the cap
tain telling witness that he would point
Lee Weller out TO them. This he did, and
Detectives Egan and Ferguson immedi-
ately seized him, and the witness put his
pistol under his nose and told him to
throw up his hands. Prisoner was then
lroned and witness took him down the
after hatch. The prisoner wanted TO know
what all the fuss was about
The witness called Conroy aboard and
showed MIN Lee Weller for purposes of
ldentihcatlon. In the presence of the So
called Lee Weller Conroy said This is
the man. The witness asked Weller if
he knew Conroy and he said he did not.
COnroy was disguised at the time with a
large beard and mustache.
The witness told him 10 take them off
and then Lee Weller acknowledged hav-
ing seen him. The prisoner was then
taken INTO the cabin, where the witness
read the United States warrant This
done the witness took the prisoners
picture (produced) and asked him if that
was his picture and name. He SAID it was.
Prisoners effects were then gathered to-
geiher.
Mr.. Cormec-You produced that pho
tograph?
Witness-I did, and 1 showed it to the
prisoner and he said it was his picture. |
asked at hrst If it was his picture and
name and he said That's me, -
Nv hat nameP'
"Harwood was on the picture.'' Con.
tlnulng. the witness said that Officers Fer
guson, Egan, the captain, Marshal Bald
win and himself were present when he
been read the prisoner said: Don't
search me here. let me go ashore"
Mr. Black-Who said that?
The witness-Lee Weller.
MIR. Cormac-He made no reply to the
charge?
mo, SIR" Witness then stated that the
prisoner was put aboard the Hartley and
taken to the police station.
Mr. Black moved to have that portion
oil the evidence referring to what The cap.
tain had said when he pointei out Inc
man known as Lee Weller stricken out
The court overruied the objection. and
the witness went on to say that the patrol
wagon was sent Tor and The prisoner con-
veyed TO the City Hall. Ali his baggage
was searched IN the detectives room In
the prisoners presence and an inventory
made. at the time of the arrest the yes
sci was between the heads and the bay and
within the jurisdiction of the District
Court. They found lots of stuff marked
Lee Weller
Marshal Baldwin here produced bulky
sack containing the prisoners effects,
whlch the witness proceeded to examine
Mr.. Cormac remarked that one of the
sections OF the convention of 1889 stai ed
that all property should be sent back with
the prisoner.
Mr.. Stone contended that the original
reQulsltlon must designate the articles re-
qulred In tho country where the trial was
10 take place.
Mr. Cormac quoted the provision, and
the examination was resumed. The wit
ness, referring 10 the list indicated nv
Mr. Cormack, SAID 1t was the one made at
the time and Endorsed by the prisoner.
Mr.. Cormac began to enumerate each
article, list of which has already been
published, but had scarcely specified tie
songs OF England" volume one. ad-
dressed to Mrs. Lee Weller and dated
Septem ber 1894 when Mr.. Black again
rose to lnterpolate a question which was
In e1fect: Was the writing on the book
when in possession of the prisoner?'
Wtness-lt was, sir. Every article is
In the same condition as when TAKEN
one OF the rare laughs evoked at any
stage OF the hearing arose when ATTORNEY
Cormack asked: DO you find there