The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-05-29
THE HABEAS CORPUS WRIT
Dismissed and the Prisoner Turned
Over to Mr.. HeatOn.
LEFT FOR WEST VIRGINIA.
A Hot Legal Battle In Probate Court Bs-
tween the Attorneys--Lawyers Get
Huny at the sheriff. Wanted
Chance to Garry the
Case Higher.

The habeas corpus case brought for
the purpose Of getting Guy Hollinger
from ID. w. Heaton was fought out in
probate court Saturday morning. The
hearing was started Friday night and
adjourned over till Saturday morning.
Attorney Moore of Youngstown and
Mr.. Amber Of Canton. represented the
prisoner, and Prosecutor Day represen-
ted West Virginia. Mr.. Moore made an
exhaustive argument, claiming that
the order of the common pleas court of
Mahoning county that the prisoner be
discharged unless Heaton came for him
by 4:30 o'clock Tuesday, made Hollinger
free man after that time and that
there was no authority for Heaton or
any one else to rearrest him. In
Vulnerable other technicalities were
raised and argued very forcibly by the
Youngstown attorney.
Mr.. Day, for the state Of West Vir-
ginia, had received an opinion from the
attorney general to the effect that the
prisoner might be rearrested under the
extradition papers of the governor. He
made a strong plea for the honoring Of
the requisition.
The discussion lasted all forenoon and
Judge Aungst finally decided that as
the prisoner was in the custody of
Heaton he would not take him away.
The writ of habeas corpus was there
fore dismissed.
Immediately Heaton clapped hand
cuffs on Hollinger and attached the
colored man to himself BY the steel
bracelets. He started out of the court
room with him, but Attorney Moore had
asked the court to suspend sentence
until they could file a petition in error
and take the case up to common pleas
court. The Judge ordered Heaton to sit
down with the prisoner till he consid-
cred this. He finally concluded, after the
lawyers had demanded and protested
respectively, that he would not inter-
fere. Mr.. Amber raised the question
that the decision of the court was not
journalized and therefore not binding
yet, and the judge said perhaps there
was force in that and he would have
the record made by / o'clock. Mr..
Amber said that they would like to talk
with their client and Heaton was order
ed to take off the handouts and Sheriff
Zaiser was to keep the prisoner until
1 o'clock.
His attorney said they only wanted to
speak with him a moment, but while
they were talking with himSheriff Zai-
ser came in and stopped them, saying
that If they wanted to say anything to
him they would have to come to the
Jail.
The attorneys felt that they had been
snubbed and treated with great dis
courtesy by the sheriff and they did not
go to the Jail. They said that 1t was the
first time in their experience that they
had been treated as though they were
accomplice Of criminals who would try
to help them escape from the officers.
They were pretty mad about it, The
prosecutor said he had nothing to do
with the sheriff rushing Hollinger
away, and the lawyers on both sides
then sat down to try and reach some
agreement as to further action in the
case.
TAKEN BACK TO WEST VIRGINIA.
After discussing the question the at
torneys concluded to go down to the jail
to see Hollinger. They did SO and de-
| cided to interpose no further obstacles
here to his removal Shortly before
o'clock Heaton and Sheriff Shields Of
Youngstown left the Jail whit the pris-
oner for the Ito train over the w. & l..
| e, road and he is now on his way back
to West Virginia.