The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-01-07

xrprA. nm. s-Ths second effort to
Z 51hm Armstrong. OF Cnioago. eA-
Y 5ss5 q the jurisdiction OF the limos
Vi indod In failure IN TINS CITY TO-DAY,
= = ~ Rogers refused to honor tho
2ssr n Gov. Tanner for Armstrong
e t.. xss sIisrsd wife, Edith Armstrong.
llss ~ numbers present at today's
y a xsSore the governor, no similar
+. lZ z.s| 49, have heretofore attained such
551s there was an unusual array
!. @.sS fsIert IN attendance, and besides
IN ~ urssent an alleged Mrs. Arm
~ no also claims to be the PRISON.
5 GA ~ vife. and Detective Tyrrell, who
w Siss6 n vain for five long months
Il ~ ';S f6s prisoner back to Chicago.
~ Slnfo 81 Illinois appeared Howard
.1S ssSistant prosecuting attorney OF
~ sfsssDfv: j. r. McElroy. prosecuting
..ssS of king county and A. w. Has
Ia =. srosecuting attorney Of King
~ 4 Il. piles, Of Seattle, and James
d rsiskt 81 Olympia, represented ARM
s.S 6nd Edith Armstrong. the alleged
B 49,. t,sSer arrest at Seattle.
il fSsf3ns began at IL o'clock this FORE
& ss6 terminated shortly after II. The
~ s5ssvs presented short but carefully
!ssSs ~ Arguments. and when they had
.'sss.sSd GOV. Rogers refused the sur
4 SSf n the prisoners to the. Illinois
u ne governor stated that IN tne
...s.6 III conspiracy to defeat JUS
NJ Ma some doubts. but finally con-
lu1 Is honor the reQuisition OF Gov.
kSsSs n the present case, however,
- sdpltery was charged. he would re-
"a he was satisfied Armstrong was
Pr ! Fugitive from Justice.
sEs$ I1linois was Di1atory.
6DdraIne to the papers in the case Arm
22SSs 1pd the woman had been living in
2 snd notorious alleged adultery for q
limo before they left Chicago. At
Sr{ tjru6 the couple were within the Juris-
71Soo q the Illinois courts and could have
II puhInhed then II guilty. Then, again.
~ pfeoent charge, the governor said, was
I'm ieainst the couple subsequent to the
1iod when Armstrong was arrested on
r. 6r1f charge and after the supreme
S3P{ a Washington had ordered Arm
SEoa6 discharged on the conspiracy COM
ljsssd Nrs. Armstrong No. was very
"a disappointed at the outcome OF the
bnfings Detective Tyrrell showed hts
iaIfia By his remark that II he ever had
66Eher man to arrest In this state he
NvdIA THE care that the arrest did not
~ phce anywhere near King county Of
1dalHI end further, II the King county Of
~ ever came to Chicago for a man
aiss " the celebrity with which the fugi-
~ M turned over to them. Mr.. Tyrrell
Q1pli1ed his remarks by stating that so
1R q the King county courts were con-
eefnsd be had nothing to say.
Attorneys McElroy and HASTE were visi-
N dnppointed. while Attorneys Piles and
A1iIht were correspondingly e1ated.
nj lSmtttitut In the original case against
4fmsaong has not vet been sent down by
~ supreme court, but probably will be
n3t0, and II by the time OF the arrival
n ths supreme courts order In Seattle
N0e ether charge Is not made against
Armstrong he and alleged wife No. 2. Edith
tHtody.
Attorney Generals Opinion.
TN. following IL the opinion In part Of
A..lstant Attorney General Vance, on
v1lcn Gov. Rogers based his action in
l4using the extradition Of William Arm
mung and Edith Armstrong:
nave examined with care the reuuisI-
nn You will recall that in extradition
e Jurisdiction upon the governor of a
aAIe % issue his warrant. First. a crime
nEst % properly charged against the de-
!eloant attempted to be extradited: Sec
49,. ne charge of crime must be properly
~ as authentic by the governor Of
ihe demanding state; third, the person at
!e@pted 70 be extradited must be shown
y y g might've from justice. find that
~ papers In this case comply with the
~. ". tWo requisites. The papers are certi-
~ ~ n me governor Of Illinois as being au-
s ~ 20 and duly authenticated: second,
~ ~. crime q against the laws of the state of
ilnnos g charged by a complaint filed be-
iyle Justice of the peace.
49, y tnefe evidence showing that ARM
suvns fugitive from the Justice Of the
-, tate Of Illinois? This is a matter of such
sss s1',.anSe mat both the courts and ex-
y ssan .N,e nave always asserted their right
! y sake testimony upon the question, IL
ssscessary: The fact Of being a fugitive
~. .svm Justice must aff1rmatively appear on
= =, papers. or jurisdiction to issue the war
~ ~, y extradition is not acquired. The
X. nom january l. 1899, until May 1, 1899.
i n sna Lne co-defendant in this case were
. .s N open and notorious adultery. 1t
iispsals from the fact of these papers that
~ W. W. within the jurisdiction of the state
M, il ~ together with his co-defendant,
ss ~, me list day Of July, 1899.
ine oifense was charged to be omen and
sntSa Eye. no attempt was made by the
c, ssr,sue OF said state to apprehend and
Su r'sn me alleged fugitive from justice
sidjnss ~. sne SIX months that they were re-
d onsr T h.en that Jurisdiction and living
"
ss Nh, q course, would raise a presumption
~, sSs'nst tne requisitlon and would REQUIRE
81 st pos.live evidence other than the sim
IN sssSa ~ OF an officer or Individual
M ~ Meeing was flight from justice,
\, NJ SIMPLY change Of residence.
III I. appears further from the record in
rrsbs srse mat no attempt was made to APP
- u Nv me alleged fugitives from JUS
\ sn AZ rd vunisn them while they were OPEN
dst,cS., os.ously residing within the jtiris-
oysn VI Illinois, and that no complaint,
~ Was made against the individuals.
FeSnAcs record attempted to be created in
MA 70 the charge in the matter until
Nj weeks after the alleged fugitfyes
II !, ueRarted from the state of Illinois
Juv aeged that they fled on or about
evi,rr.. ~ escape the consequences or their
Inv ana the jurisdiction of the laws
lau onended against
- evidence Not Conciusiye.
-. 0ss the record bear this ont, he.
an nv The records Of your Office show
msie ~ y august !. 1885, application was
for ~. .ne chief executive OF this stafa
strumv extradit!on Of William a. Arm
benss "a an Indictment charging him with
pphlic party to a Conspiracy to defeat
In Il 'Isuce. AT that time the said Will
deisrTx. armstrong, notoriously ona ~ the
~ sSsnts In this case. was srrastad anS
M custody in King county. in THE
- vas not until after his arrest
/ +