The Washington times., 1902-09-30
COURT RELEASES KLEIN
Denies the Claimof Maryland
Hospital for the Insane.
CONFLICT OF TWO STATES
An Appeal Taken, Which Will Be Ar
gued Tomorrow-Plaintiffs
Are Defeated.

Are Defeated.
Judge Love. sitting in the Alexandra
county courthouse, at Fort Mye
Heights, Va, late yesterday afternoon
denied the right of the Maryland Off
cials to the person Of George Klein. jr
the escaped murderer from the MARYLAND
Hospital for the Insane, and allowed hin
to return to his home.
District Attorney Sopher. togethe
with Assistant Counsel Mackey ant
Moncure. filed motion for an appeal
and the case will be heard in the Alex
andria circuit court tomorrow. Mr.. So
pher. accompanied by Mr.. j. Perc.
Wade. the superintendent OF the Mary
land Hospital for the Insane, and De
tective sergeants Coughlin and Hogan
Of the Baltimore detective force. re
turned to the Monumental City at
o'clock last night.
In discussing the ruling Of the court
Attorney Sopher said:
| Judge Love decided the case against
Maryland. although. of colrse. in nj,
opinion. we should have secured oul
man. We shall not give up the contest
for Klein. On the contrary. we shall pu,
up the fight OF our lives. The case was
practically settled. and the decision b,
Judge Love was based entirely on the
question of the prisoners sanity. That
was feature of the hearing that, In my
opinion. did not enter into the case. He
was fugitive from Justice. and we are
certainty entitled to him. and will gci
him."
Klein Family Happy.
1t was a happy group-the Klein fam
ily-when Judge Love announced his de-
cision. Surrounded by his wife. father.
mother. sister, and brothers. the fugitive
smiles as he filed out OF the court room
after thanking Judge Love and his at
torneys, Colonel Smith and Judge Pei
ham, for their earnest work in his be-
half. He announced that he had returned
home for good. and will stay with his
family on their large farm at Bailey s
Cross Roads
Owing to the fact that the Tighe ar
son case, an outgrowth of the burning
Of jackson City, was being tried in the
courthouse earlier in the morning. the
Klein case suffered a delay OF more
than an hour In opening However, the
counsel for both sides were determined
that the matter. SO far as taking Klein
be closed today.
When all the evidence was In, the at
torneys for both sides. without arg,I-
ment, announced that they were ready
to hear Judge Loves opinion and de-
cision. The court said:
"This case is one where party who
has committed no crime, but has es-
capped from a hospital for the insane in
Maryland, has come to his home in
Virginia. The petitioners have rested
their arguments on the powers OF the
insane asylum authorities. II their con-
tention is right. there is nothing for
the court to do but to turn the defend
ant. George Klein, over to the Maryland
authorities" Here Judge Love quoted
extensively from the Constitution of
the United States. and continuing lie
said. Maryland has no jurisdiction
In Virginia. Here / might state that
the question goes further than mere
transfer: It is In reality depriving a.
citizen of Virginia of personal liberty,
for which our country has fought so
hard for years"
Criticised Authorities.
Judge Love found fault with the man
ner in which the Maryland authorities
had acted. saying that the request for
the extradition of the fugitive had been
made oy the hospital authorities instead
of by the governor. but added that even
that official had no right to ask such
thing from Virginia. according to the
Of the United States.
mo one." he continued, has more
respect for the courts or citizens of
Maryland than |. No one has more love
for them. Under the circumstances,
however. feel that in this case l shall
have to quash the proceedings"
There was great confusion in the
The Maryland attorneys
were visibly surprised. but District At
torney Sopher asked suspension of
judgment. This was denied by Judge
Love In few words. Mr.. Sopher then
asked that Klein be bonded. pending an
appeal. but after an hour or more of ar
gument this request was denied. A plea
for new hearing in the circuit court
was entered.
The new fight promises to be an ex-
teedingly hot one, In fact, OF warmer
character decidedly than the one which
has just ended. and which may possibly
bring into the conflict the governors of
both States.