The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-08-06
ARGUING on ARMSTRONG.
ATroRNEvS sFEAK IN COUnT On
TEE HABEAS CO8PUs.
Petitioners Contend TAaa Mo Crime
Was CAasgeA In Cesahlin InAiet-
nsst, asa That Therefore ARn-
stresg Cannot Legally - ael1-

Yestsrday's proceedings IN the ARM
strong habo4e corpus case were m ciabc-
ration ard continuation of the day before.
oensistine % arguments from counsel
The caoe went over st noon until - o'clock
nsnday neFnins. with the argument un-
The proceedings opened with : snort
statement from Attorney George Dom
Werth ropFeoenttng the petitioner from
Illinois. Hts main point. and perhaps the
most important one on which the result
Of this CASE hinges. was that no crime
was charged IN the indictment. and that
Armstrong; therefore should not be re-
statutes provided with . dednifeness from
which there va no differing that . war
rant tor the arrest Of man must either
nasne the man or else describe him with
. correctness that would amount to iden-
tiflcAtion.
Dan coughlin was sought for In Chicago
on \ warrant lacking both name and detin-
tie dsscripticn- II merely stated that q
''man about ave feet and ten inches tall
and Of medium complexion was wanted.
and the afFiAne Taylor, who alleged that
CouGhltn had attempted to brtbe q juror.
vent With the officer 90 point out the man.
In citing q United States decision on a
similar CASE. the attorney read that man
= manner was justified In resisting arrest
ssrvins the warrant he would be guilty only
OF mansiRuEhter. The officer attempting
60 serve such warrant would BE- on the
same plane ~ citizen Without authority.
and liable 20 the same treatment
A. there was therefore no case pending
against Conwhiin there could be no crime
charEsd against Armstrong for attempting
No case was pending In the Cook county
justice court
Attorney Piles. also for Armstrong. SUBJ
mitsed a Proposition for argument that
In this instance could not be preparation
or intention. bat that some act must be
done toward the execution OF the proposed
crime before IL could be crime and the
offender come under the law For in
stance. u a dynamite bomb was manu-
facfured for this express purpose OF de-
stroyinE 2 railroad train and killing pea-
PIE, and aeft In the house OF one OF the
conspsrAsorr. no attempt az the crime
would legally be made until enc OF the
eonsp!rasors bad taken that bomb and
actually lsst the house for the purpose OF
putting the crime into execution
Prosecuting Attorney McEiroy made an
hours talk against granting the writ o.
time TO the position of the petitioners that
the acting Euyerncr Of Illinois had no
power 10 sign the extyadstion papers. but
that they must come from the governor
himself. Mr.. PILES would have Us believe
that the Federal constitution and statutes
define What executive authority Ia That
u nue q power OF the federation. but Of the
state. and i'm Illinois II - the lieutenant
governor in the absence OF the governor
that has executive power"
Much time was devoted 20 teehnicaiitiee
regarding the authenticity Of the docu-
snsnts frcm tlinoas. and then the attorney
continued: 1T 10 the legal fraternity Of
Cook county that more than any ether
r~ople Of Illinois are demanding the return
of shss man; for they realize that IL the
labor az weeks cosses 90 nAughs by the
hrsbsng az Jurors and spsrlttng away of
witnesses. ttssssce mus amount TO nothing
Mr.. Piles saws that no overt as< was per-
Termed pees be contend that ssseaey must
ec paid OVER The ofyessc was committed
when the turcr was called 30 tire saloon
ana offered money. We have no right 20
ausehae over this matter II - for the ftlf-
s.rts courts 10 decide II this defendant
casnrnis;ed no eriane and - not fugitive
srars Justice. n Is not likely that he would
away. IN q rscnth after the case was 10
have been brought gp for trial.
Ex~frosccusEng Attorney HASTE coznpa-
usented the Illinois documents. ard thea
said Dan CeaEhisn Is appearing IN a
rev rcfe, He Is Just cut Of the peutsess-
ttary. where he went for the murder az
nr. crcssfs. and uow we hnd him go ex
tasa Jury brsNinc IN which an EnTssss
syndicate known - tire ffisnuas Censyzi
figured Tire crime was committed when
aa attempt was made 10 Influence fusar
re they bold thai a man can go up and
down before Saxy sstssng here ard offer
VIII ssst se cssnrsstted ssnsa sesneea.y se-
eer.s ere aTerss
Mr.. Haste -sll continue his sn~een Moa-
day