Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-05-12
STATE HOUSE.
Method Of Procuring Extradi-
lion Of Fugitives from Justice.
Educational Department Sending Out
Free High School Blanks.
Railroad Commissioners Inspecting
Trolley Lines Over East.

Saturday. for the purpose of securing
Governor Hills endorsement of an ap-
plication for eXtradtion papers to be
served upon the authorities of fhe Pro-
vince Of New Brunswick, for the pur-
pose of bringing VIM. j. Kelly of Rich
mond, y. b.. to Houlton to stand trial
Unon an indictment charging him with
the Wiliful attempt to murder Frank
W. Burns, a deputy collector Of Gus
toms, near the boundary line on the
night Of April II, 1902. The crime is
alleged 70 have been committed on
United States territory. and the perpe-
TRAITOR Of the crime is now in hiding in
the Dominion Of Canada.
The case is an unusual one and the
method Of procedure, for that reason,
Was not thoroughly understood by the
authorities ~ Aroostook county. 50 far
as is known by the Oldest official at the
state Capitol. no similar case has ever
been presented to the State authorities.
After consulting with the secretary
Of state. MI. Lawlis found that his
papers were not complete, and he deter
mined to return to Houlton and have
them prepared i'll accordance with re-
'iuti GliltlIAS ~ AIAt iliNl'I'iI ID w 10
GOV ernor Hill was out Of the city, Mir.
Lawlis felt that it would be better to
proceed to Washington with the proper
papers, 50 that delay at that end would
be avoided.
The department Of state at Washing
ton has prepared q memorandum rela
tive to applications for the eXtraditioI
from foreign countries Of fueitives from
justice. and in this memorandum lays
down the order Of procedure III such
cases.
This memorandum prescribes that all
the facts in the case must be presented
in tripIicate form. ana must be certified
ANA authenticated under the great seal
Of the state making the application.
If deposition is made before justice
Of the peace. the official character Of
the justice and his authority of admin
izterinG oaths should be attested by the
county clerk or other superior officer:
the certiicateof the county clerk should
be authenticated by the Governor or
secretary of state under the seal Of the
state, and the latter will be authenti-
Gated by the department Of state at
Washington. II there is but one au-
theiitication ii should plainly cover all
the papers attached.
The papers must be made in tripl-
cate one for the Governor of the state
one for the state department, and the
other duly authenticated by the secre-
tory Of state, will be returned with the
Presidents warrant, for the use Of the
agent who may be designated to re
ceive the fugitive. These papers must
be prepared by the prosecuting at
torney.
Extraction will only be asked from
4 government with which the United
States has an eXtradition treaty, and
only for an offence specified in the
treaty. All applications must be adj
dressed to the secretary Of state. ac-
companied by the necessary papers as
above specified. When eXtradition is
sought for an offence within the juris-
diction Of the state or territorial courts,
the application must come from the
Governor Of the state or territory.
IN every application for a requisition
it must W. made to appear that one of
the offences enumerated in the extra
dition treaty between the United States
and the government from which extra
dition Is sought has been committed
| within the jurisdiction of the United
| States. or Of some one of the states OF
territories, ana that the person charged
! Herewith il believed to have sought an
asylum ar has been found within the
donations ~ such foreign government.
The tXtradition treaties of the United
states ordinarily provide that the sur
render Of fugitive shall only be grant
ed upon such evidence of criminality
"A. according to the laws of the place
II here The fugitive Or person SO charged
shall be found, would justify his OF
her commitment for trial if the crime
NJ offence had been there committed.
If the person whose extradition is de-
sired has been convicted of a crime OF
offence ana escaped thereafter duly
authenticated copy of the record OF
Eviction and sentence Of the court is
ordinarily sufficient.
IL the fugitive has not been convicted
but is merely charged with crime. :
duly authenticated copy of the indict
ment or Information. if any. and of th'
warrant Of arrest and return thereto
accompanied by a copy Of the evidence
upon which the indictment was found
or the warrant of arrest issued, or b,
original dispositions setting forth a
fully as possible the circumstances 0
the crime. are usually necessary. Man,
of our treaties require the production
of a duly authenticated copy Of TIL
: warrant of arrest in this country: bu
an Indictment, Information, or warrau
Of arrest alone. without the accom-
. panyinc proofs. is not ordinarily suffi
: cient. 1t is desirable to make out al
strong a case as possible, in order t.
\, meet the contingencies of the local re
fuuirements at the place of arrest.
This latter rule applies to the Kelle.
case. He was indicted at the Apri
term of the supreme court holden il
u IIoulton. upon the deposition of Franz
w. Burns. the man who was assaulted
The authorities. therefore, must max
as strong a prima facie case as pos
sible. They must show by affidavits o
witnesses that Kelley is beyond rea
sonable doubt guilty of the crime wit
which he is charged. The mere fac
that he is indicted for willful murde
is not sufficient. The charge agains
him must be proven in the papers sub
mitted This is regarded as all the NOR