The San Francisco call., 1897-03-10
Evidence and Argument in
Habaas Corpus Pro.
ceedings.
Judge Morrow Gives His Dec.
sion in the Circuit Court
To-Day.
In the Event of This Being Adverse
Prisoners Couns | Viii at Once
Appeal.

Judge Morrow listened with exemplary
patience yesterday to evidence and argu-
ment in the hearing of the petition for the
release of the prisoner with innumerable
aliases, recently known as Ashe, or But
ler, but, according to latest advices, John
Newman. At the close of the argument
OH both sides his Honor deferred his de-
cision until this morning at IL O'Clock.
No real doubt exists as to the nature of
that decision, but if adverse to the claim
of the petitioners it will be followed by an
appeal to the Supreme Court, and an
additional delay, which will last until
that tribunal has passed on the questions
raised by the petitioners counsei and de-
cided against the latter by Judge Morrow.
1t will be remembers that writ OF
habeas corpus was granted to Newmans
attorneys last Fri day, and that it was
made returnabie on Monday morning.
The hearing was then adjourned until
Yesterday, in order to allow the petition
er's counsel time to reply 20 Marshal
Badwin's 5 return, which declared that the
prisoner was being held under two COM
mitments issued by United States Com.
missioner Heacock.
When the case was called in the Circuit
Court yesterday Attorney Black found
both the Queen and the people of the
United States arrayed against him and
his client in the persons OF Attorney Den
mis- Donohoe and the United States Attor-
ney, Henry S. Foote.
Mr.. Black first duty was to file what is
technically known as traverse IN reply
to the MarshaPs return, this document
setting forth certain specific objections to
the Commissioners jurisdiction and to
the facts recited in both commitments. 1t
,r6 ft,A
British subject found on British territory;
that he was forcibly seized, albeit he was
not fugitive from justice, and that his
person could not be legally taken possess
sion OF by force. On these grounds the
petitioner prayed for his immediate re.
lease.
Most of the witnesses in the preliminary
hearing before Commissioner Heacock
were recalled to testify on the particular
issues raised. Sergeant Bunner, Marshal
Baldwin, Ca plain Fraser of the Swan
hilda. Commissioner Heacock and the
British Consul General, J. w. War blu rton,
were all subjected to examination by Mr..
Black in support of his objections to the
Commissioners jurisdiction and to prove
his contention that the prisoner had
made verbal statements and had acted in
a manner which proved conclusiveiv that
he did not intend to remain in the United
States, but was desirous of returning to
Great Britain direct.
The prisoner himself testified to his
forcible seizure on board the Swanhilda
and his unwilling detention at the City
Prison. He had shipped. he said, for
three wears, and had not the sig htest in
tention of staying in the United States
To his knowledge the Swanhilda was the
only vessel bound for England in the port
of Newcastle when he signed articles.
In the course of cross examination he ad-
mitted the correctness of Captain Fraser's
evidence regarding the dialogues which
took place between the latter and him mself
in the shipping office at Newcastle and on
board the Swanhilda.
But the prisoners evidence was some
what discounted when Captain Fraser
again took the stand and stated that there
actually had been q vessel in the port
of Newcastle, loading coal for London
direct, when he (Newman) applied to
the witness for berth on the Swanhilda.
Commissioner Heacock lucidly and for
chilly explained certain points having ref
erence to his decision.
Detective McHattie recited converse
ton with the prisoner soon after the ar
rest, in which, in reply to the witness
question as to his motive for carrying so
much iewelry about with him, the pris-
oner said that he was taking it home to
his sister in England.
D2teCLlVG EGdu duo SOnotoOiO runway
completed the list of witnesses, and Mr..
Back then rose to deliver his argument.
He repeated in substance his former con-
tention respecting the jurisdiction of the
court and the international recognition of
any vessel as constituting the actual ter
ritory whose flag she flies.
He laid stress upon the distin ction be-
tween fugitive from justice and person
seeking n asylum, urging that while the
facts might be construed to su .gest that
the prisoner was the former there was not
a particle of evidence to prove that he was
the latter.
Mr.. Donohoe cited authority for au-
thoritv in reply and sarcastically pointed
out that if Mr.. Blacks reasoning were ad-
mltted then any criminal might pose as a
tourist on a pleasure trip and assure the
officers who wished to arrest him that he
merely contemplated a temporary sojourn
in the country whittier he was fleeing.
The United States attorney followed
Mr.. Donohoe, his two principal argu-
ments being that the commissioner en-
ioyed complete authority to pass on both
law and fact, and that even if this were
not so The facts themselves proved con-