The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-11-29
May Come Up at Jan.
uary Term.
If Maxwell Requires Extrad;.
ton There viii Be Delay.


Maxwell. who on November u, killed
Capt. George Baisley on the American
schooner J. Is. Van Dus,n, In the say
of Funday, viii SON be- taken to Pert
land, Me-, for trial. How soon depend
entirely on whether or not hs fights ex-
tradition. Attorney General White said he
had today notified the merican consul
that the case should go before Unit'd
States court as the crime WAS committed
on an American ship Her position
with respect to the three mile limit, he
said, cut no figure as the Bay OF Fundy,
he claimed, Ia all Canadian water and no
part of 10 high sea.
Consul Myers will at once take steps for
Maxwell's removal to Portland.
The information In the above despatch
was last evening conveyed to United
States Marshal Saunders who had not
resolved any cffi isl notice regarding the
action that the British authorities have
taken.
"If Maxwell Is brought to this CITY and
tried for MURDER. 1t will be the first ca 9
of its kind that has happened In Port
land for twenty years." said Marshal
Saunders. ''About twenty years ago
there was q mutiny aboard an American
vessel and In the trouble which ensued,
either an officer or the captain Of tns
vessel was murdered. The trial came
OIL here and the man was convicted and
sent to the state prison at Tbomaston.
and think that he Ia there now.
MAXWELL may be trOught from st.
John to Portland on the steamer that
plias between these two cities; or We may
20 as far as the border line and at that
point receive him from the English ON
GERS. Then, perhaps, an officer may be
sent to st. John In order to arrange de-
tails; in this case the man would not of
course be In the custody Of the United
States officers until he had crossed the
lins that divides the stnte and the prov
irces.
"He will have to he INDICTED before tae
ersni jury Of the United States District
court that meets in this city. II the evil
dsnce IL ready IL is probable that the oase
will go befors TIE grand jury Of the
District court which convenss IN th Is city
ns1t week. If this evids moo Is n Ut ready
the case may not be heard until the next
term which convenes IN February. Stiil,
there could b. another resort for the
Ersni jury might be recalled to listen
to the evidence In this case which is one
of snch unusual importance. grand
Jury is not discharged finally until the
Succesding term Of court conyenes and
term of court Is always &C continuous until
the next term meets. 1t has, however,
bsf a long time since a grand jury has
bsen recalled In the United STATES courts
in this state. such thing never occur
ring during the time that l have been
m official, some eight years. II the ext
gencies of the case demand it and If the
court sees 1T 70 take such action, this
grand jury might be recalled.
"Jbs most of the terms Of the United
States court In this state are held In
Portland. Bangor has only ems term,
this bein. In the month of June, and
Bath has only one term, this being in
the month of oeptsmber. Even If this
event had taken place only short time
before the meeting of courts In those
sisies. 1t Is probable that the case wouii
BE- brought to Portland ard turned over
30 shs Circuit corrs which convsnes in
Pertlsni In the months Of April and
September. Portland Is the only city in
tns state where the circuit court meets
AL don't think that Maxwell will de-
mand eItradition papers before he 10
thought to this city, for he must know
that these papers would be surely grant
Cd II. however. sxt!adition papers are
dsmanded. the English authorities Of OF
tawa which is the capital Of the British
provinces. would oommu n .cats with the
fessral authorities at Warrington. the
officers of the department Of justice.
1hs course would not take many days"
This case is one that 10 sure to be OF
esasidsrsbls interest in this city. especial
ly in marine circles; sud while 10 may
nss perhaps be OF as much interest as the
fAnous Bran case, 1t will be q notable