The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-09-08
CASE STILL TIED UP
MO PROGRESS MADE IN THE
CASE OF EDWARD
MNICHOLS
DEFENSE is FIGHTING HARD
Intimated That ReQuisition Papers
Are Not Properly Certifed-GOv-
ernOr Continues Hearing
for One Week.

Eddie McNichols, the much-wanted
fugitive from Chicago isn't excessively
delighted at the present status of his
case, but neither are the authorities who
have chung to him so desperately. The
case is !ust where 1t was five days ago,
ami it will remain there for another week
at least. What the outcome will be is
puzzle without an answer. The case
came up in the police court again yester-
day morning, and the state tried to es-
tablsh the genuineness of the copy of tho
Indictment by corroDorat1ve testimony
from the detectives as to their Informal
ton of the existence of such an ind CT
ment, and to Identify the prisoner as the
man named in the Indictment.
The case was twice interrupted to take
the prisoner before Judge Brill on habsas
corpus proceedings. Judge Brill finally
continued the hearing on the writ untn
10 o'clock Monday morning. WhAA the
state had concluded its case before Judge
Orr, the defense moved for dismissal, but
the court. after considering the matter,
postponed its decision until Monday at
o'clock, as he was not satisfied as to the
legal effect Of the presentation of the
requisition papers to the governor
1t is intimated that the requisition
papers are not properly certified and this
may cause further trouble The local
authorities are inclined to feel pretty
sore ON account OF the carelesSness OF
the Cook county officials When Nc
Nichols was arrested the county at
torney's office wired to Chicago for a
certified copy of the indictment. When
this arrived and was offered in evidence
IN the municipal court it was discovered
tnat the certificate attached to the copy
OF the Indictment was incomplete, and It
was not admitted in evidence This was
very embarrassing to the state. Now 1t
turns out that the requisition papers are
also incomplete. The whole burden ar
keeping McNichols in the tolls has been
thrown upon the local authorities. Thew
.teel that the Chicago people have not
acteo with sufficient care in so important
d Hnatter, and in all probability If Nc
Nlchols should in any way secure bis
Hoerty the authorities here would not
put themselves out to hold him again bu,
would let the Chicago detectives empIoy
oneir resources in his further detention
ne DELAY caused by the governors post
~ gives the state an opportunity
~ stralghten out the tangle in the
papers. Thus far the PROCEEDINGS have
favor o N0A0ii0o'llI >
HEARING AT THE CAPITOL.
a nearing on the requisition was held
NY GOV. van SAINT yesterday afternoon
at MS office The defendant, McNichoIs
was represented by D. w. LAWYER and
FRANK Arnold, Mr.. LAWYERS partner AMI
Coulty attorney Kane appeared in SUD-
port OF the requisition. Detectives Ro-
nan ana Morgan, who are here for the
purpose of taking the prisoner hacl 70
Cnlcago' We're also present 4 q
Inc only result of the hearing fbussfe,
mas oeen Its continuance until the AFTER.
noon Oh Monday, Sept. Is, and in that the
oefense may be said to have gained a
point, as the detectives had set last
nfsHt as the time for their departure
WIN their prisoner for Chicago, predi-
cating That arrangement upon the SUM-
position that the governor would grant
the warrant Of extradition without do
lay, AS the matter stands the attorne,1.
nave stipulated to permit the case to re-
hain IN statu quo until it shall be taken
UP again before the governor on the date
ABOVE mentioned. The reason ,-for so
Iong continuance is that Gov. Van SAINT.
VIII leave this morning for Cleveland to
attend the national encampment of the
q. A. G. and will not return until next
Sunday ~
Mr. LAWYER, in moving for a conttnu-
ance of the hearing, set forth that thew
"er 1acts in connection with the case.
"hlch ne wished to present before tha
governor, out could not present at that
ume, and also that he had not had req
sonapie time to examine the papers con-
shutting the requisttion. The papers.
ne said, had but just arrived and It
would be grave injustice to grant the
requ1sition unless they were in due legal
FORM. That question could not be de-
terInlned without thorough examination
and that would take much more time
than had been allowed He mentioned
certain particulars of the papers which
ne commended were not in regular form.
County Attorney Kane said that he
would be willing to consent to a contfnu- :
ance of the hearing before the governor
provided Mr.. Lawler would not in the
meantime continue his efforts in the dis
tr1ct and municipal courts to secure tho
release of the defendant from custody.
In reply Mr.. Lawler said he would agree
to that if Mr.. Kane would also stipuIate
to allow the status of the case to remain
as it was
On those terms the continu-
ance was arranged with the understand
Ing that the agreement should not be.
considered to debar Mr.. Kane from tho
prosecution of any other requisition
which might be made against McNichoIs
on an other charge.