Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-27
LAW POINTS ARGUED
IMPORTANT QUESTION INVOLVED
IN CASE OF GEORGE KLEIN.
Legal Battle Between Two States for
Possession Of Fugitive From
Asylum for Insane.

Whether or not George Klein. the alleged
insane murderer. can be extradited from
Virginia by the Maryland authorities Will
be determined at the conclusion of the az
ton resumed before Judge Love In the
Alexandria county court today by the d.
rectors of the Maryland Hospital for the
Insane with view Of regaining the Gus
tody of the defendant. In fulfillment Of
bond for 81 900 given last Wednesday Klein
appeared in court this morning at 8 o'clock.
He was accompanied by his father. his
wife and other relatives. and occupied a
seat by his counsel Col. Francis L. Smith
of Alexandria and Judge Charles Pelham
Of Washington. As In the previous pro-
ceedngs. when the writ Of habeas corpus
was asked for, the hospital authorities
were represented by Attorneys Morris A.
Soper Of Baltimore and Machen & Moncure
of Alexandria
Involved In the proceedings are questions
held to be Of considerable importance.
1t was the somewhat unusual duty OF the
court to pass upon the relations between
the statutes of two states. In addition to
the code Of Virginia that of Maryland was
introduced and admitted by the court as
having bearing upon the decision OF GER
tain questions raised The result will af-
ford example, 1t Is pointed out, OF the
extent to which one state Will honor the
effort of a sister commonwealth to regain
Ing to an absence of criminality on the
part of the fugitive because OF mental
responsibility, the case Is not within the
province of requisition.
Several of the rulings OF Judge Love to-
day were in favor of counsel for the hos
pita, to which opposing counsel noted; eX-
ceptions
The court sustained the Maryland repre-
sentatives in their motion to introduce rel
evant statutes from that state, also allow
ing them to introduce records from the
Baltimore criminal court. The proceedings
came up on the writ Of habeaS corpus
which counsel for the hospital applied for
Wednesday to secure the person of Klein.
DR.. Wade Testifes.
Counsel for the hospital directors an
nounced that they would place on the stand
Dr. J. Percy Wade, superintendent Of the
hospital, to which action opposing counsel
noted an exception.
On the stand DR.. Wade testified to hav-
ing received the defendant as an inmate
of the asylum from a Baltimore deputy.
The commitment which the deputy deliver
ed to the superintendent was called In ques-
ton.
Finally the court admitted 1t. to which
exception was noted. DR.. Wade said that
Klein had been admitted to the asylum IN
January last and had escaped September
IS.
He was the only witness presented by the
ter of the defendant, was placed on the
stand by his counsel. She said that Klein
had been on her fathers farm for the past
nine days. The next question she was
asked related to the sanity of her brother.
and to this opposing counsel Immediately
objected.
A long discussion was precipitated, In
which Mr.. Soper made the following state
ment touching the keynote of the procedure
for his side:
I'VE believe that the question Of the
sanity of this man has nothing to do with
this case. 1t is question: he added, as
to the recognition Of the judgment Of me
Maryland court. 1t is question as to
whether the Maryland judgment Is to be-
held in this jurisdiction.
THAT brings up the question of the power
of this court 10 transfer this man to the
state of Maryland" said Judge Love. "an1
l do not think the question Of his sanity
should be brought up now
The hearing was in progress when this
report closed.