The San Francisco call., 1897-02-27
BUTLER HELD ON
BOTH CHARGES
Commissioner Heacock So
Ruled Yesterday After
noon.
Attorney Donohos Grew De
cidedly Dramatic During
His Argument.
He Denounced the Prisoner in Un.
MEASURED Terms as a Most
Abandoned Villain

argument before COm missioner deacOCK
in the Ashe extradition proceedings yes
terday afternoon, created a deep sensation
by his personal references to the pris-
oner. The climax was reached when, af-
ter graphically describing the murder of
young Preston, he began to speak of the
Lee Weller case. which proved the pris-
oner's undoing. Turning to the latter he
said:
How you must regret, Butler, the day
that you. by your devilish wit, lured him
to accompany you"
The prisoner shrank before the men
acing finger of the attorney, and NUT
tered Don't talk 20 me like that" Mr..
Donohoe was merciless and continued in
tones OF thunder:
How you must say to yourself. oh.
that l mad had nothing to do with that
Lee Weller and that l had only lured to
my charnel den among the mountains the
beardless boy, whose disappearance caused
no commentF
"BuI, no, your eyes were blinded by your
greed for his gold pieces, for his poor
wife's trum perry trinkets, and by that lust
for blood which to the normal man is SO
lnexplicable and revolving, but which to
the abnormal seems most irresistible. In
your small warped mind you only knew
This man had money and that he trusted
you. AS you feel the halter drawn tighter
and tighter around your bull neck your
vicious criminal nature must recognize
that you made fatal mistake when you
had anything to do with Lee Weller"
Commissioner Heacock listened for four
hours yesterday TO counssPs argument and
in his subsequent ruling unnesitatingly
decided to hold the prisoner upon both
charges on the ground that the evidence
a6 ahnyyS T1tf fipia rriYr r1a
his part. A certified copy of the evidence
will be transmitted to the Secretary of
State, and the prisoner will remain in the
custody of the United States Marshal un
til the Presidents order for his surrender
Is received.
The argument yesterday was conducted
in the Comm issioner's office, il the APP
praiserS' building, and was attended by
most Of the witnesses in the case, includ-
ing the Consul-General, J. w. Warburton,
Detectives Roche and McHattie Constable
Conroy, Marshal Baldwin, Sergeant Bun
ner, Captain Fraser of the SwanhIlda,
and group of privileged listeners. The
prisoner, guarded by Deputy Marshal
Gallagher, sustained the ordeal with his
customary stolidity, and in the face of
the flood of denunciaIion which Mr.. Dono-
hue, Mr.. Cormac's colleague in the prose-
cution, poured upon him, showed scarcely
a trace of emotion. 1t is true that his
sang frold gave way little when the
prosecuting attorney addressed him per-
sonally, and with a dramatic gesture
charged him almost directly with the
crime of murder; but for the most part e
preserved his favorite nonchalant attitude,
his arms folded and face riveted upon
the ceiling.
Mr.. Cormac opened the argument for
the prosecution at 10 O'clock, Mr.. Black
the prisoners counsel followed, and Mr.
nnn AhAa Dl1 atr L., -
While Mr.. Cormac confined himself
strictly to an elucidation of the evidence,
his partner frequently INDUCED in ora
torical flights and eloqnenily emphasized
the pathetic aspects of both cases.
Mr.. Black rested his defense mainly
upon his familiar objection to the courts
jurisdiction and argued that the essential
principles of international law expressly
constitute vessel the actual territory of
the nation whose flag she flies, and that
the SwanhIida, therefore, was British ter
ritory wherever she might chance 10 be.
The arrest for this reason was illegal, and
the prisoner could not be arrested in Cali
fornia waters under these conditions, ex-
cept for some offense committed against
the laws of California. The treaty was not
self-acting and must be put into operation
by the statute.
He raised another important objection
with reference TO the Interpretation of the
treaty, asserting that Judges and magis-
trates could only act in accordance with
its provisions when so authorized by an
act of Congress
Mr.. Donohoe then rose to reply. Coun-
sci for the crown, he contended, were not
there to prosecute, nor would the present
tribunal determine the question of the
prisoners guilt or innocence. The main
evidence, both for the prosecution and
the defense, must be considered by a
Judge and jury In New South Wales, and
IN that investigation" he continued,
1.-The prisoner will be protected by all
those safeguards which the experien Q of
tell centuries has woven into the fabric of
the common law.
THE sole question for your determina-
tion," he said, "is whether we have made
out sufficient prima facie case to satisfy
the Secretary of State that this man
should be returned to the authorities to
stand his trial. And am glad that this
disgusting battle will be fought out in an
other land. 1 res pectfully submit that
during the entire period since California
was admitted into the sisJerhood of States
We have never harbored a wretch so desti-
tute OF human attributes, so wantonly de-
.praved, brutal, cool and calculating, so
ogrelike in his disposition, so reckless and
yet withal so cowardly. That desperate
man who holds up stagecoach and robs
the passengers at the pistols point is adj
mittedly scoundrel, but he is not neces-
sarIly a coward.
The burglar who enters the household
armed with bludgeon and revolver is
scoundrel, but not necessarily a coward.
In California we have known many in
stances of murder when the blood was
hot, when green-eyed jealousy was the
motive, to avenge outraged honor, and
from lust, but never, thank God, have we
known OF a series of atrocious murders to
be perpetrated from purely mercenary
motives. OF such crimes does this man
stand accused in his own country and for
such crimes must his guilt be determin ed
or his innocence esta blished."
Mr.. Donohoe said, referring to Mr..
Blacks objection as to jurisdiction, that
under the law OF this State the committing
magistrate had the right TO inquire into
any crime ii the criminal was brought be-
fore him, and that any question of terri
torial jurisdiction must be raised by the
Government The mere statement of the
proposition that an accused prisoner
could raise such a question was one of
those arguments which bore upon its face
its own refutation.
His introduction naturally led Mr..
Donohoe TO speak OF the defendant to
whom he referred as this smooth-spoken,
resourceful gentleman, who held the
golden KEY of the treasure-land across the
mountains. After Preston's death, this
fowler lost no time in bating his trap for
another victim" Later OH the prisoner
was described as a human spider" and
then the language quoted in TIE opening
paragraph was forcibly employed.
tWolfar - Mr. nnnnh1a