The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-15
Gov. Rogers Refuses to Give Him
Over to California.
THE DIAMOND KING SMILES.
In tho Opinion Of the Governor,
Hacked by the Legal Department
of the state. Eequssitien Papers
From California for the Diamond
cutOr Enlton Greatly Astouuded.

II Justice Austiu's court last Saturday
afternoon Deputy Prosecuting Attorney
Fulton said that Gov. Rogers was guilty
% an uaheard-of proceeding in refusing
to Immediately comply with The request
Of the governor OF California far tae sur
render OF Joseph Schwartz. the Diamond
King" who is charged IN San Francisco
with grand larceny. Attorney Melvin c.
WiaStock smiled and said that something
would drop when Gov. Rogers made his
fnal decision. NJ. W.ustock's words
came true yesterday afternoon. Gov.
Rogers refused TO honor ;Ae requisition
and Schwartz IS "a free man. Mr. Fulton
is amazed at the decision Mr. Wlnslook
and his partner, j. Henry penning. are
happy. Schwartz smiles and says that
the decision of Gov. Rogers shows con-
clus!vely that there was nothing in The
case
The final fight in the ease that has been
constantly before the public for mo weeks
was wagel AT olyTn pia yesterday morning
ana afternoon. MIR. penHiag presented
Schwartz's side at the request OF Mr.. Win
stock. Mr.. Rowell appeared fer the stale.
The Law requires that requis;tion papers
shall consist OF Il copy OF warrants. etc.
and also affidavit. containing tn sub
stance the story on which the case is
based. This affidavit. said that Jeweler
Wolfsohn delivered 10 Schwartz $3.50
worth OF diamonds OF: a memorandum bill
10 be exhibited Ia a man in San Jose
Mr.. Denning argued that the affidavit
and warrant did not agree. The affidavit
proved the voluntary delivery Of the
goods. the warrant claimed larceny" ];
was possible that a charge OF larceny hy
emheZzlement might ha entertained bat
that was not III the case. Either m at
Tempt was being made TO take Scawartz
back TO san Francisco 10 Try him on an
other charge" DcnEang c0ntended ''or tn.
criminal laws were being used - collect
a debt" Authorities were submitted tend
ing To show that under such Il condition
OF affairs the executive OF one state was
not called upon 10 honor a reguisition.
The state contended that ii vas The duty
of tne governor 10 honor the requisition
without going into the details Of the case
The law III comfy demanded that
Schwartz b handed over
Gov. Rogers called upon Assistant
States Attorney Vance for an opinio4l In
the matter and adjourncsi proceedings uu-
Ill afternoon.
Mir. Vance decided that the requlsi.ion
papers were not Sufficient and GOV. Eas-
ers refused - deliver Schwartz !nto the
hands of Detective Wren. Of san Fran
cisco.
scaWartz was seen last evening by a
Post nfei!lgeneer reporter. lie said:
There = nothing 10 this case. / did NOT
seal anything from these people or have
any intention Of 50 doing They knew tna1
! vas coming TO Seattle ard then cnlnr
u Sskagway. They told me- 10 lst them
know II ! needed money TIC secret OF
the matter * / came here and lost $500 ut
faro. Some oae told Wclfsoan that / wae
losing their money and that they vvoue
b LEFT. After they had me arrested they
wanted 10 LEI Gp. bu; Chief Lees said that
a. the case had been started Il must 80
through"
Attorney Winsteck said when he was IN
san Francisco MI Wolfsohn desired -
drop ne matter. but Chief Lees would
not consent.
Deputy Prosecuting Attorney Fulton
says. that the decision of Coy. Rogers -
uHprtcfdeuted and sets 4 had precedent.
SoWst!me the state % washington VIII do
srs IN bring IL man bark from California
ard then the decision e Gov. Rogers viii
have SIS eject