The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-03-14
Nome Fugitive Wins Habeas Cor
pus Case in Federal Court.
IMPRISONMENT HELD ILLEGAL.
Not Follow New Alaska Code md
Depended Upon General statutes
They Claim Any other Course
Was ImprncticabIe-New Law Not
Adapted to Present Conditions.

William ]. Marvin, alias kid" Marvin.
who was arrested in this city last Novem-
Der on charge of druEging and robhinS
two lodging house keepers al Nome, was
yesterday ordered released from the county
Jail by Judge Hanford Of the federal
court, on an application for a writ of ha-
beas corpus. The point raised by Mar
WINS lawyers VIII II. Morris and S. NJ.
Shipley. in their petition for the writ, was
that the federal authorities were not pro-
ceeding according TO the new Alaskan
criminal code in attempting to hold Mar
win in jail here for the crime charged
against him at Nome. The court held
the point we'll taken and granted the
writ.
United States Attorney Gay in the Mar
win case. was proceeding under the general
laws OF the United States. which authorize
the arrest of a fugitive charged with
federal offense. in any state or territory
OF the Union, and allow his transfer from
one federal district to another after ar
rest on the simple order of the federal
judge Of the district, ignoring completely
. the state or territorial governor who in
state cases is alone clothed with authority
TO grant or demand extradttion.
The Law in the Case.
Attorneys Morris and shipley claimed
that Mr.. Gay should have proceeded under
the new Alaskan code, which provides that
extradition between the territory OF Alas
ka and the other states and territories.
for crimes defined by the federal statutes,
shall be by practically the same method
as that in use between the states of the
Union In dealing with crimes against state
laws. That is to say, their contention
was that a complaint and warrant should
have been issued against Marvin by some
magistrate at Nome, and duly certified by
the governor Of Alaska to the governor of
Washington. and the warrant by extra
dition granted by the latter to an agent
of the Alaskan governor. authorized TO
take the prisoner back to Nome for trial.
Mr.. Gays Position.
United States Attorney Gay does not
fords ruling. and admits that the Alaska
code. adopted for the territory by con-
gress in 1895 was not followed. But he
points out that itAvould have been an
ure outlined in the code for the reason
that when Marvin was arrested all travel
between Nome and civilization was at an
end for the winter and is still suspended.
1t was In the hope that the prisoner could
be held until the authorities at Nome
could be communicated with, says Mr..
Gay, that the haheas corpus case was
time after time postponed at his request
Mr.. Gay will probably make a special
report TO the attorney general regarding
the Marvin case, He and his deputy,
Charles Il. Claypool. are inclined 10 re-
gard the. extradition procedure author
lied by the new Alaska code as cufnber-
lowing the escape OF many criminals. No
court. Mr.. Gay says. VIII allow a sus-
pected criminal To he held In Jail for
months while official messages travel
slowly back and forth between the states
and remote parts of Alaska.
The Old method he regards as far
better suited to the needs OF the terri
tory. Under this method Marvin could
have been arrested here by any United
States marshal. brought before a United
States commissioner. given a preliminary
hearing, bound over to await the action
OF the federal grand Jury Of Alaska and
In due time transferred by order Of Judge
Hanford to the district OF Alaska, being
held here In jail or under bonds pending
his removal This. in fact was what Mr.
Gay was doing in Marvin's case when a
writ OF habess corpus was applied for.
Narvtn's hold Crime.
kid" Marvin's daring crime was a sen
sational event In the early history OF
Cape Nome. BY clever stratagem he
induced the proprietors Of the Tacoma
laundry at Nome, with whom he lodged.
TO drink from a bottle OF whisky In witch
been dissolved, The two men. Mel and
Bciring. were rendered unconscious
While they slept Marvin ransackcd the
house, obtaining as booty $3.50 In money
and 500 in gold dust.
The next morning he made his escape to
self until he had an opportunity 10 SNUG
gle himself aboard a schooner about 10
sail for Seattle. Wearing a mask and n
suit Of old clothes he passed boldly
through the little mining camp 10 the
beach and escaped. despite the fact that
After reaching Seattle Marvin met
John Burkman, who had been n deputy
marshal at Nome. and told him the whole
story 81 the crime as n good joke. nufk-
man regarded X in a different light and
caused Marvin's arrest on a warrant Is
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