The San Francisco call., 1897-02-09
TECHNICAL POINTS ARE
OVERRULED.
The Alleged Murderer Sat Stol.
idly Indifferent Through.
cut the Day.
C)NTINUANCE OF THE CASE TO
TOMORROW.
Ccnsu'.General Warbur Ton, Sergeant
Bunner and Captain McAIlister
Called TO Testify

The alleged murderer. Butler, or Ashe,
az he is now generally termed. again ap-
peared before Commissioner Heacock, sit
ting in the United States Circuit Court,
yesterday morning at 1880 O'Clock, when
the hearing OF the warrant and appiica-
ton for the extradition of the prisoner
was resumed. The principal witnesses ex-
amined yesterday morning and afternoon
were Sergeant Bunner, the British Consul
General, J. W. Warburton, and Captain
McAllister of the chip LangdaIe, whose
testimony added much CT interest to the
sum of information which has already OBJ
tanned publicity through the newspapers
The attorneys for the defense presen ted
a demurrer, setting forth certain objec-
tons to the jurisd ction of the court, in
reply TO which Comm issioner Heacock
read his certificate of authorization in ex-
tradition proceedings OF this nature. At
the close of Captain McAllister's testj-
mony yesterday afternoon an adjourn
ment was made by consent until 2 o'clock
on Wednesday.
Another large crowd assembled in the
corridors OF the Appraiser building some
time before the hour set for the continu-
ance OF the hearing, and many privileged
persons were admitted during the interval
TO inspect the prisoner, as he smoked his
perennial cigar, in a room adjoining Mar
shal Baldwtn's Office. The prisoner had
been transferred thither in a hack from
the City Prison at 9 o'clock in the custody
OF the Marshal and Deputy Gallagher.
For upward of an hour Ashe sustained
the scrutiny of the curious with perfect
equanimity, being further reassured, no
doubt, by the reflection that his personal
appearance was quite above reproach. He
wore his new store suit OF navy blue and
cleso negligee shirt, and had evidently
been recently shaved. On the whole, in
fact, his confinement and treatment seem
to have agreed with him.
The moment the door of the MarshaPs
Office was thrown open and the prisoner
appeared between Sergeant Bunner and
Deputy Marshal Gallagher, the crowd
sJampeded in the direction OF the court
room across the way, but on this occasion
tGe rules were strictly enforced and no
more were admitted than could be COM
fortably accommodated in the space pro-
vlded for spectators. Several ladies occu-
pied seats in the iury-box, and others of
The talrer sex were conspicuous in the
4OACAlOSb AON VI Sudi5 USnluu LD6 rail-. In
other respects the assem- blage was of the
nondescript order, though there was a
respectable sprlnkIing of professional
gentlemen present. Captain Fraser of the
ship Swanhilda was also an interested
witness OF the proceedings throughout
Meanwhile the attorneys on both sides
Messrs. Cormac & Donohoe for the ap-
p.ication and Messrs. Stone, Pidweu and
a. l.. Black for the prisoner, took their
seats; ConsulGeneral Warburuon sat next
to Mr.. Cormac and the Australian detec-
tive, Roche, Immediately behind him.
Constable Conroy was also in court
though not again called upon to give evil
dence. McHatile, however, was not pres
ent. The prisoner was provided with
seat between the tables allotted to the
counsel and reporters, being guarded on
either hama by Sergeant Bunner and the
Deputy Marshal. He seemed outwardIv
calm, though to the careful scrutinizer
that very assumption of indifference NAV
have appeared somewhat exaggerated.
His chin was supported by his right hand
and he gaZed steadily in front of him for
the most part, paying no attention what
ever to the artists who were busily en-
gagged IN sketching his features.
The Commissioner having entered At
torney Stone rose 10 notify him of the as
ISOLATION in the defence of Attorneys
Black and Leaning. He went on TO say
that he and his colleagues wished the
court 10 afford them every possible ad-
vantage, and to give the prisoner the
benefit OF every doubt. Public opinion
was decidedly against theIprisoner. and
this being legal tribunal, be wished it to
hold the prisoner presumptively inno-
cent, though the public presum ption was
that he was guilty. Mr. Stone intimated
IN conclusion that the defense would have
certain soblectons to introduce at an
early date.
The court Ohanruaf hot !,
the case to be as any other in which the
Com missioner sat as committing magis-
trate. Ihe hrst point to be considered by
him was as TO whether any public offense
mad been committed; secondly, was the
defe ndant guilty thereof, and ii the court
found that public offense had been COM
mltted and that there was proba bic cause
to believe defendant guilty thereof. the
law would then hold him for extradition
Attorney Cormac formally pointed out
that there were extraGition proceedings
ander the treaty OF 1912 and a later one of
1889 between the Governments of the
United States and Great Britain for the
delivery of the defendant, whose aliases
he enumerated. accused OF two murders
IN the colony of New South Wales. The
particular offense the prosecution was
taking up now was the murder OF CAPTAIN
Lee Weller on October 81, 1896 The pro-
ceedlngs were based upon Consul General
Warburton's complaint, duly filed at this
port, which, with the courts permission,
he would read.
The court confessed himself willing TO
waive the ceremony, while the defense
observed that they were already familiar
with it. In the absence OF any definite
objection, however, Attorney Cormac
proceeded TO read the document in aues-
ton, which has already appeared in these
columns. He also read the MarshaPs re-
turn on the warrant with the consent of
the court.
Attorney Stone-It is expedient at this
juncture, in defense of the prisoner, to
offer certain objections to the character OIL
this court. They are III the following
form:
In The matter of the application for the extra
ditlon of Frank Har~ood, otherwise called
S. Burgess, otherwise called Butler, otherwise
called Sampson, otherwise called Glare, other
wise called Lee Weller, under the treaty be-
tween the United StaIes and Great Britain,
concluded August 9. 1912:
Comes now the prisoner by his attorneys,
Leonard Stone, John T. Pidwell and Black &
Leaning. and objects and demurs to further