The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-20

STOCKTON, Sept. 19.-The rum bling
of wheels; hack flying through the
streets, throwing mud at every turn;
within a criminal extradited by the
Governor and wanted in Indiana; a
special engine waiting in an out-of- the
way place; a handcuffed man thrown
from the carriage into the engine cab;
a pull of the lever, escaping steam. a
train off for the Nevada State line like
a flash, and one has a resume OF the
story Of the unwilling fight Of O. H.
Cadwallader, the embezzler, which took
place this morning with many sensa-
uonal incidents.
AS related in The Call on Sunday,
Governor Budd, who was In Stockton
on Saturday, Notwithstanding the OBJ
jections of Attorney Levinsky, extra
dited Cadwallader, who is wanted in
Randolph County, Indiana, on seven
teen different charges of embezzlement
from the Citizens Bank. To accom-
modate the extradition proceedings a
continuance of the preliminary hearing
of the prisoner went over until this
afternoon. 1t was agreed between At
torney Levinsky, Sheriff Cunningham
and the Governor, so Mr.. Levinsky
holds, that the much-looked-for habeas
corpus proceedings would be instituted
at o'clock this morning. The Sheriff
recalls no such mutual understanding.
This morning. shortly before 8, At
toraey Levinsky went over to the Jail
where Cadwallader was confined. The
petition for q writ of habeas corpus
was read by Cadwallader and the af-
fidavit sworn to after the prisoner had
been turned over by Sheriff Cunning
ham to Sheriff Simmons of Indiana.
This, of course, was unknown to Lee
whisky.
Levinsky left his client In the Jail
and ran over to the Courthouse, where
Judge Jones made the order for the
writ returnable at 1:30 tomorrow.
Back to the jail went Attorney LIE,
whisky, supposing that the papers
would be served.
When Levinsky left the jail to go to
the Courthouse, Simmons clapped the
handouts on Cadwallader and then
handcuffed the man to himself. The
door of the jail was thrown open and
down the steps they went. Simmons
was accompanied by Witness PaskeI,
who came out to identify the prisoner
Once on the street, turn was made
east on Channel street; there was a
wave Of the hand and a closed hack
drove up posthaste. Cadwallader made
resistance, but was thrown bodily into
the carriage. the door was banged shut
and on went the horses under the lash.
AT Aurora street g turn was made
north to Park at a rapid pace; thence
to the railroad. There q special en-
CINE was waiting. The fireman had
steam up to the last notch and she was
blowing off so hard that 1t was difficult
to urge the horses up to the desired
spot. The turn was made IN a jiffy,
the hack door thrown open, Cadwalla-
der taken out and in a minute he was
in the engine cab, still handcuffed to
the Sheriff. The signal was given and
the engine dashed up the track toward
Sacramento at breakneck speed.
Then came a chase. AS soon as At
torney Levinsky found that he was
tricked he rang for a hack and started
in pursuit. He thought that the Sheriff
intended to get away on the 800 o'clock
train with his prisoner. Jumping out
Of his carriage at the depot he rushed
to pull out he found that the bird was
not there. From q friend he learned
that special engine had left farther
UP the track Under suspicious circum-
stances, and the attorney knew that the
Jig was up, and returned to his office
to follow up the other means at his dis.
posal.
The hackman who assisted in the
flight was BILLY" Anderson.
1--WE had 1t all fixed up last night"
he said. II was TO have my carriage
at the corner Of Suffer and Channel
i
was to be stationed at a convenient
point and when I got the signal I was
to give it to my driver, who was to
whip up, wheel around, get his man
and be off. Everything worked fine"
Attorney Levinsky wired to the peace
officers all along the line as far up as
Truckee to stop the engine by virtue
Of an order issued out of the Superior
Court of this county. Levinsky said:
II believe from the authorities which
/ have consulted that the Governor can
recall his warrant, If subsequent facts
show that he made an error in granting
the requisition. In view OF Budd's dis
ttnct understanding with the Indiana
man at the time he granted the reuui-
sition, that the law should be allowed
to take its course and that the Eastern
Sheriff did not do SO, / would not be
surprised II Budd recalled the warrant.
He can do SO at any time before the
officer reaches Indiana-in fact under
certain conditions, he may do so then.
/ may go to Indiana to testify to the
irregular proceedings here If the case
should progress that far"
Levinsky to-day caused a writ Of ha-
beas corpus to issue in the Superior
Court at Sacramento, and 1t was tele-
graphed to Truckee. Deputy Sheriff
Harvey telegraphed late tonight that
he served 1T on the Indiana sheriff, who
went on with his prisoner. 1t now re-
mains to be seen what the Superior
Court OF Sacramento and the Governor
Will do in contempt proceedings. The
Robb case Is precedent in, this State.