The Washington times., 1902-09-25
Asylum Authorities and
Friends of Prisoner
Waging War.
HEARING SET FOR SATURDAY
Relationship of the Laws of Sister
States as to Criminals That Cannot
Be Extradited Will Be Considered in
Alexandria County.

AleXandrla C0unty.
contest for the custody of George
Klein, jr., the alleged insane murderer,
who escaped from an asylum at Spring
Grove. near Baltimore. Nd, Thursday
last, was begun in Alexandria county
yesterday. First the case came up be-
fore Justice of the Peace E. F. Thomp-
son and was carried by the hospital an
thorities 10 the Alexandria county court.
taken until Saturday morning at 3
O'Clock. Klein was released on $1,000
bonds furnished by his father, George
Klein. of Bailey's Cross Roads, Va.
The case is a peculiar one and in
wolves the question as 10 what extent
one Commonwealth is bound to honor
the. law of a sister State in fugitive
cases, where no requisition papers can
be issued. The unprecedented circum-
stances may result in the alleged luna
tic retaining his freedom, as he is not
charged with any crime under the stat
II
Habeas Corpus Issued.
The attorneys for the hospital will at
tempt 10 secure possession of Klein on
a writ of ha5eas corpus which was is
sued YESTERDAY This will be demurred
to by Klefn's attorneys when the case
reopens Klein's attorneys claim that
there is no law by which he may be
taken back to Maryland. If he is in
sane. they say he should be tried by
The commissioners in the usual manner.
and if proved insane. taken care of in
his own State. They urge that in the
eyes of the law he is not a criminal.
and contend that he should not be given
up on writ of habeas corpus, as that
legal instrument is primarily, intended
not TO transfer person from one Gus
tody to another but to release pris-
>orer from any unlawful custody.
The lawyers who represent the hos
pital contend that a writ of habeas
corpus may in the cases of people of
infirm mind and infants, be used to
transfer them from one custody to anil
other.
Counsel in Case.
The hospital authorities are repre- |
sented by Mr.. Lewis H. Machen, of the |
firm of Machen & Moncure. and Mr.. |
Morris "A. Soper, of Baltimore, assistant |
United States district attorney Klein's |
counsel are Judge Charles Pelham. OF |
this city. and Col. Francis L. Smith. OF /
Alexandria.
Supt. ]. Percy Wade. of the Maryland |
Asylum for the Insane, together with
Detectives Coughln and Hogan of Bal
timore, assisted by Detective Trumbo
of this city. traced Klein TO the vicin-
ity of his fathers house in Alexandria
county after his escape and secured the
country several days in search of him.
but could not find him. Monday even
ing Klein's father agreed to present his
son in. Court. giving bonds for his ap-
pearance. Yesterday Klein gave him
self up to Deputy Sheriff Palmer and
was lodged in Jail to await hearing
before Justice Thompson. being held on
a warrant which charged him with ''un-
lawfully escaping" from the insane
asylum.
The hearing before Justice Thomp-
son began shortly before noon yester-
day. When the case was called Attor-
ney Macben asked for a delay until
an application, which he had filed with
the county court. for = writ of habeas
corpus could be passed upon. Colonel
Smith replied that ii was remarkable
that habeas corpus should be applied
for by any other person than the one
in custody, and that the warrant ON
which Klein was held. was worthless
Moved Quashing of Warrant.
He asked that the case be proceeded
with before Justice Thompson. and
moved that the warrant be quashed and {
the prisoner liberated. KIein,s attor-
neys argued that the prisoner was not
legally held under the laws of Virginia.
and that the case should continue in
the justice court, as the county court !
had nothing to do with The matter. {
During the arguments before Judge
thompson the attorneys for the hos
p.tal secured the writ of habeas corpus |
from the county court. dema nding that !
Sheriff Palmer produce Klein before ]
Judge Love at 2 o'clock. The hospital q
authorities had thus arrested the al r
legged iunatic and then secured an in
strument taking him from their own !
custody in order that they might bring O
him into a higher court. with the object r
OF again getting possession of the pris- ;
oner. The case was then dropped be- a
fore Justice Thompson, who later in the T
day dismissed the warrant against
Klein.
At 2:2o in the afternoon Klein was
taken before Judge Love in the county
court. Klein is a tall man. wearing a Z
beard. He sat stoically through the
proceedings. His wife and sister were
In the courtroom in the afternoon and
sat by him. The crime of which he was @
acquitted because of insanity was =,
peculiarly brutal one. 1t is alleged that y
ie stamped his mother-in- law TO death e'
Dr.. Wade, the superintendent of the OF
asylum where Klein was confined saws p
hat he is ordinarily docie u
Will Inquire Into Sanity. h
Before Judge Love substantially the as
'ame arguments were advanced as be- fr
ore Justice Thompson. n
II the question of Klein's sanity az
omes up at the hearing on Saturday 20
DR.. Wade, who had charge OF Klein for m
everal months, will testify to his san
ty. II was through DIR. Wadc's testi- ki
nony that Klein was acquitted Of the Pr
barge of murder On the plea of in an
anity at the time of his trial in Baltf- al
nore. iii
klein's friends in Virginia are stead III
asst in their determination not TO LET w,
I'M return TO the asylum On the other ne
and. II he Is released and allowed to w;
las