The San Francisco call., 1899-07-16
BAKER CAUSES AN
INTERSTATE FIGHT
Embezzler Says He Was
kidnapped.
WILL NOT PLEAD AT BOSTON
SQUABBLE IN COURT OVER THE
QUESTION OF BAIL.
Massachusetts, Authorities Refuse to
Abide by Customs in Washing
ton State and Hold Fugt-
tive In Heavy Bonds.
Special Dispatch to The Call.

BOSTON. July 15.-A big interstate fight
between washington and Massachusetts
was instituted here to-day. a Washington
man having been kidnapped and brought
here by the Boston police. There was a
big sensation in court here to-day when
". E. Baker, the alleged embezzler Of
$500 from the Adams Express Company,
who escaped from Captain Dugan and In
spector Morrissey in San francisco and
was recaptured and landed here yester-
day, was arraigned and held in $4,000 bail.
Baker would not plead to the indictment
against him, acting upon the advice Of his
counsel IN such refusal. His refusal is on
the ground that the court has no jurisdic-
tion and that he was illegally arrested at
Seattle. Motions were filed to-day for dis
missal FOR false arrest.
Assistant District Attorney Sughrue
thought substantial bail should be fixed,
He said that the defendant had a dispo-
sidon to avoid prosecution, and he thought
bail should be fixed at 5000 Defendant s
counsel, Attorney Swasey, opposed the
motion as most extraordinary. He said
the defendant was in Seattle for year,
and when extraditiOn proceedings were
begun he was admitted to bail in $500. Ihe
amount alleged 70 have been enbeZzled
was less than $500, and he thought $lO0U
was ample bail.
He said 1t was the intention of the law
to give a man his liberty on bail. Attor-
ney Runyon of counsel for defendant re-
fcrred to the kidnapping" He said the
defendant was taken from his cell and
out of the State at midnight His rights
as a citizen of Washington were not re-
spected. He had not taken advantage or
all his constitutional rights when he was
taken away. He was instructed that his
arrest was false and illegal, and when at
San Francisco he did escape. s,ahdee be had a
bail. If bail were fixed at $4,000 the friends
of the prisoner, upon whom he depends
for BALI would be predjudlced against
Mr.. Sughrue ridiculed the idea that the
defendant was illegally held. He. sald
that if Baker were placed on a smaller
bail he might go away on the same pre-
tense that he was illegally held ana tnaI
After a long argument the court hnaily
concluded TO fix bail at $4,000. and the de-
fendant was remanded to Jail.
Two motions have been filed for his dis
charge. This is the principal one in SUB
stance: Baker alleges that he was an in
habitant of and resident of the State of
Washington; that he was wrongfully,
forcibly and against his will and without
process Of law brought from said State of
Washington TO this county and without
der a false arrest and appears, in this
court against his Will and While under
false arrest.
Mr. Sughrue 0Id not think the court
should follow the custom In Washington.
He said that counsel for the defendant re-
ferred to the fact that in that State bail
had been fixed at $500, but the Assistant
District Attorney SAID he wanted to re-
mind the court that in that same state
bail had been fixed at either $500 or $500
with bribing jury. (This was an allu-
sion to the Foy Case) He said that in
fixing bail the court assumed that the
defendant was guilty.