The herald., 1898-04-01
WOULD RATHER STAY
DIR. FORREST FIGHTING EAsTERN
TRANSPORTATION
HABEAs CORPUS PROCEEDINGS
Will Be Heard Before Judge Ross This
Morning-Detective Price Il
Very Indignant


Angeles it is Detective Sergeant Price OF
New York. He had intended to leave for the
east with his prisoner. DR.. Forest. Wednes-
day, but at the request of DR.. Forest he
agreed to wait over and take the California
limited this morning. During that period,
however, Price determined to enjoy life
and see something of this country, as this
is his first visit here. He went to Mount
Lowe under the escort Of Detective Auble
and about o'clock returned to the Hollen-
beck. when he saw posted on his door a
summons in the habeas corpus proceedings
Of DIR. Forest before United States Circuit
Judge Ross. While the cat had been away
the mouse, with the aid of his lawyers,
Judge Croft and ]. F. Waterman, had been
playing to the extent Of getting petition
for a writ of habeas corpus granted
Yesterday morning counsel for Forest ap-
peared in the circuit court and presented
the petition. 1t was based on the points
that the warrant of arrest on which DR..
Forest had been deprived Of his liberty
failed to show that it had satisfactorily
appeared to Governor Budd that Forest
stood charged with the commission of any
crime in the state of New York and that 1t
further failed to show to Governor Budd
that Forest had fed from the justice of
that state, and Furthermore that the pa
pers upon which Governor Budd had acted
in issuing said warrant failed to show that
Forest had been in the state Of New York
at the time the alleged crime was COM
mitted. The papers also failed to show, so
the petition set forth, that Forest stood
charged with the commission Of any crime
in New York.
Judge Ross made the writ returnable by
1880 o'clock in the afternoon, but Deputy
Marshal Oaks was unable to find Price in
the city, for the reason that he was enjoy
ing life on the top of the mountains. In
order to be sure to get service the officer
nailed copies on the door Of Prices room,
left one at the police station and several
more copies where Price would be sure to
find them. When it was announced that
service could not be made within the pre-
scribed time Judge Ross extended the time
until this morning at 10 o'clock. when the
habeas corpus proceedings will be heard.
This was an unexpected move on the part
of the defendant, for it had been supposed
that with the dismissal Of the proceedings
before Judge Shaw Wednesday the matter
was settled. On that occasion the writ, so
both Judge Croft and Mr.. Waterman as
sert, was given to the sheriff's office at
noon, but for some reason it was not served
on Chief Glass until nearly o'clock. By
that time Price had arrived from Sacra-
mento with the extradition papers from
Governor Budd and Forest had been turned
over to him by Chief Glass. The petition
yesterday was therefore against Price. as
Forest was in his CUSTODY.
Mr.. Price was feeling in anything but an
amiable mood over the turn affairs had
taken. He said that the reason he had
not started right away with his prisoner
after the habeas corpus proceedings had
been dismissed before Judge Shaw was be-
cause Forest and his attorneys had re-
quested as a special favor that he wait in
order to allow the prisoner to settle up his
business and give his wife power Of attor-
ney in various matters. Price thought
that his consideration had been abused, for
he was confident that the delay had been
requested merely to enable the attorneys
to make application for the fresh writ. He
felt confident, however, over the outcome.