The Providence news. (Providence [R.I.]) 1891-1906, 1898-07-14
AGAINST
REQUISITION
Argument Made Before
Governor Dyer.
IN THE SWINBURNE CASE.
Mr.. Harry Winter Was Present and
Told How He Lost $500.
GOVERNOR RESERVED DECISION.

The hearing upon the demand for ex-
tradition of William C. Swinburne OF
Newport, who is now under arrest In
that city. on the ground OF being
fugitive from justice, and who Is de-
manded by the authorities OF Pennsyl-
yania, was held at the State House
this morning before Gov. Dyer, assisted
by Attorney General Tanner. Swim
burne was not present, but he was rep
resented by Frank F. Nolan Of New
port and Edmund s. Hopkins of this
city as counsel. There were present
also Detective Parker, Detective Rich
ards of Newport and Detective Murray
OF Philadelphia, and also Mr.. Harry =.
Winter, the complainant in the case.
The proceedings were commenced
without delay, and Mr. Frank F. Nolan
OF Newport, representing Swinburne,
stated that he had an affidavit from
Swinburne giving his side OF the case,
and he believed that the whole anair
was simply an attempt of certain per-
sons residing in Pennsylvania to use
the sovereign power OF that state TO
collect certain money from Swinburne.
Mr.. Nolan then read this affidavit,
which stated that Swinburne was In
nocent of any intent to defraud, and
that his dealings with Winter were per-
fectly legitimate. There was also an
affidavit from Charles S. Carleton or
Providence stating that Mr.. Carleton
had made contract with Swinburne TO
sell cigars, and that their business con-
nection had so far been satisfactory.
Mr.. Nolan claimed that, In view or
the facts and because Swinburne was
under bonds on a state indictment, ne
believed that IL was case In whlch the
governor of Rhode Island would be JUS
titled in refusing, at least for the pres
ent, TO honor the requisition from
Pennsylvania.
MIR. WINTERS STORY.
Mr.. Harry e. Winter, the complain
ant in the case, was then sworn, and
made a statement covering the story
already published in The News He
stated that he knew that Mr.. Carleton
of Providence had written to Mr.. Nor
ris who was a partner of Swinburne. In
Philadelphia, stating that he had made
no contract whatever with Swinburne
to sell cigars and the only cigars ne
had furnished him had been for cash.
Swinburne had informed the witness
that he had cigar stores on South street
and Race street, Philadelphia, but there
was no truth in the statement. He had
been unable to demand his money OF
Swinburne, for Swinburne left Phila-
delphia on the evening of the day the
witness paid him the 5000. His agree
ment with Swinburne was that he was
to receive $12 a week for his services.
In cross-examination Mr.. Winter said
the note given to him was signed by
both Swinburne and Morris. He had
demanded his money of Mr.. Norris, but
Mr.. Morris had no means and could
not pay. He had had no understand
ing with Mr.. Morris to take Swinburne
back to Philadelphia, and was not be-
ing furnished with money by Morris
or Morris friends to prosecute the case.
He was acting for himself. for he bad
borrowed the $500, and had to make II
good to those who had loaned 1t to him.
He wanted Swinburne prosecuted.
HELD FOR AMUSEMENT.
After some further unimportant talk
Gov. Dyer announced that he would
hold the matter under advisement until
tomorrow morning at 10 o'clock, and
he stated that the bondsmen of Swim
burne on the case pending against him
in Rhode Island courts would have an
opportunity between now and then to
surrender him to the court.