The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-17

.selaa Erug is still struggling 70 Keep
go .he pealtsntiary. Learning
fso 1890 uover mad II in mind % take
81 $50 20 waiIa Walla. krug's
~ Congressman James Hamilton
- -. vsstsrdsy flsd a petition and ar
nation before Judge Jacobs that
=. ,a.srt order the sheriff 20 let krus
@s s's,a he i. II was after O'clock
80. the motion and petition were SUD
49, I'D Judge Jacobs. calling for the
s-. - hr,afs. took the matter under
s.rssDent - .~.......
80 -rs,tsr rested entirely with the su-
- ~ourt OF King county, 10 which
- re- said he had been referred by
- uanford OF the United States cir
1,ssr,. He quoted from the United
80 revised statutes and cited autnori-
-. = s,nport his position. and IN argu-
-. nstition on It's merits said unless
s-ss~,ed man we're allowed TO remain
-, ire ysnitentiary pending an APP
- ~ might serve good portion OF his
- h~fore the appeal vas disposed Of.
Z. construed the statutes 10 mean that
= sposai affects al sesoluts and COM
sjs,s stay Of proceedings.
r~paty Prosecuting Attorney John ID.
~ssar and forcible argument In reply.
=, @.ahfeS whether the sections read
$50 Ia statutes by Col. Lewis were ap-
.srshIe 10 the present case. and thought
$500 ssre so IL any court taey certain
7. g.u,d be in the United States court.
.ssrs a similar petition by Col Lewis
80 already been refused lie argued
go yhan the reuittitur was received
srsa the supreme court DO further order
: .hs sserir from this court was neces-
s,rv 10 send Krug to the penitentiary.
80 that only the necessary formal pa
ssrs aad TO De made out IN the clerks Of
sss lie pronounced IL strange that
counxsI for KTug should come into the
sspe~sor court with such petition. and
sosbtsa whether counsel could find
srscedent for such practice. He init
ss.sd In plain terms that the only motive
fsr surh procedure must De q desire 10
6slay the course Of justice.
IF this kind OF thing Is allowed 10 go
es Indefinitely" continued Mr.. Hart.
rraea II man has wealth or influential
trends we could never get him TO the
,seleutIary at all, ne would simply
ns4lsate hetween tho state and Federal
eovr,s with appeals and motions"
re traced briefly the history OF the
xrax case, and, citing some authorities.
,sak the position that the motion should
= denied aud justice allowed to take It's
course.
cel. Lewis. in closing. criticised the au-
.aasitles cited hy Mr.. Hart, and took is
xas with him as 20 the proceedings In
Jasss Hanford's court. where he said no
such Injunction as that now sought had
ben asked. bat a writ Of habeas corpus.
he pleaded for l. close construction OF the
hw
Richard wlnsor. as special counsel for
sAeriG Meyer was also present al the
asag.nx, but declined 10 argue the case,
aTgng that the deputy prosecuting at
iarrsy had adequately presented his
g8es
he ps.ssian OF Adolph Krug "respectful-
= sAaws@ that on February Is. 1891. he duly
isegsd befors Judge Hanford. circuit Judge
sf ~ United States court for the state or
Kasalzglon his due and proper petition
~ writ Of habeas corpus. Judge Han
fas ~ March heard the petition and de-
riea the writ From this ruling appeal
Gas taksn To the supreme court OF tho
tai,st States. The appeal has been duly
Perfected. and the cause transferred 10 the
supreme court for hearing al It's next reg
s'n term Continuing. tha petition sets
birth:
psytiioa for hahess corpus and the maxi
ifs u the order BY Judge Hsnford deny
iak he writ. and OF ths order allowing the
s1pea. Krag was imprisoned at the eoun-
. AL q king county under warrant aa-
nefixlng Sheriff Meyer TO deta.n ana hold
re person Of petitioner under the order
q tse honorable Judge OF this court: that
en' for the proceedings IN the United
states circuit court the sheriff would have
committed krlg 20 the penitentiary: that
ne appeal under the law sGEpends allsction
q ngccess or proceeding by the state as
. ne disposition OF the prisoner until the
. 9eal has been finally heard aud disposed
!. EAat Notwithstanding. the Hon. william
y Meyer. sheriff. miS,akinE his duty IN
tse Premises. Is about 20 take The person
g Jour petitioner from the place and Gus
selsy where he was az the time OF allow
'S n's appeal ard the time OF the stay
Grated BY law. and remove and transport
- 70 another county. viz, waila walla,
20 Mere deliver hin 10 he imprisoned ia
iat psn'ientlary az Walla wAia, con-
lIarS 10 The Law ana to due process IA such
nat The ssit sheriff desires 20 exscuts
sat orders % this court and understands
rs court 70 have ordered BIN. rotwlth-
seaaeing any intervening proceedings. 20
.se,sea snd commit the petitioner TO ire
sea.iea uAry. whereas. and IN truth, the
80 - saeri1 mistakes The meaning snd
.Sslsf az ire courts order. ard this petit
-. 20 : for the purpose ~ obtaining from
court a construction Of the sherir-s
.4les snd your petitioners right. in the
fferiissS
Wherefore year petitioner prav- that
20 aonor VII er3er William ~. Mover.
,ia % King county. snd any % bis
- deputies - wholly feslst from any
...tntF or other proceeding against the
"a oi your petitioner. and especially,
w from renewing your petitioner out
= tAe eouafy % King s-t selivertrr air,
-, sarden e. the state peniteutiary az
- Mala- IS under ths iaxs Of ths
"Fs'sNt Statutes Or the United Stafes n
. znaas ana rrovidsd.~
- pStNion bears krus's cw- snto-
'"Fa' As Sell as that % his counsel.