The Providence news. (Providence [R.I.]) 1891-1906, 1902-12-17
ExTRADITION
OvERRULED
Justice Fitzgerald Sets Aside
Warrant Against McNutt
CHARGED WITH sWIEDLING.
Proved 10 Courts Satisfaction That He Was
Not In Chicago at the Time Of the
Alleged Crime.

New York. Dec. 16.-Though Gov. odsil
had signed a darrant for the extradition
TO Illinois. where II II alleged he Is a fusi-
tive from justice, William II. McNutt was
set free yesterday by Justice Fitzgerald
in the supreme court Ii was said TO be
the first case on record whore COVER
nor's sxtradition warrant was set aside
by a Supreme court justice.
McNutt was fighting mad when he got
his freedom. He lives at the Rossmore
hotel, and is secretary and treasurer Of
the Central Idaho Gold Mining company.
He was arrested Thanksgiving day.
charged with grand larceny, the com
plainant being Willard L. Block Of Chi
cago, who declared that he was swindled
out OF $13, 900 on March IL last Block
claims he bought $50 900 worth OF the
stock of McNutt's mining company at SO
cents a share. McNutt promising 20 buy
the stock from him at 81 per share
IN MoLINEUX's CELL.
McNutt spent five days in the Tombs in
Roland Molineuxs cell and was then
bailed out by Gussie Mckee. known "a
'Ihe Pool Room Queen" The day after
his release on bail he learned Gov. Odell
had signed papers for his extradition and
he at once surrendered himself to the po-
lice. He spent the next eleven days In "A
cell at police headquarters. While there
he was photographed against his will for
the rogues gallery.
His counsel, House, Grossman q Vor-
haus, got him into court yesterday on
writ OF habeas corpus, and number or
witnesses testified that he was in this
city on March II last and In consequence
could not have been In Chicago. These
witnesses included Proprietor Roche, of
the Rossmore hotel; William Bagg. man
ager OF the Stock Exchange firm of K. c.
Potter & Co.: Louis Levitt, a Brooklyn
paint manufacturer. and several others.
great length and McNutt showed that he
had been in this city constantly. from
January to June last The testimony OF
the witnesses corroborated his state
ments.
The Justice then discharged him. say
ing that II had been shown McNutt was
mot IN az 5ns ms meKss spec,Res Wss in
court, and congratulated him on his re-
lease.
McNUTT MAY SUE.
To a reporter McNut said
Il intend to begin proceedings at once
20 have my picture removed from the
rogues' gallery. III necessary / will brin1
suit against Commissioner Partridge. I
never committed this or any other crime
should be photographed for the rogues'
gallery. l am not a poor man by any
means, and I am In this fight TO stay. I
have got money to spend. and I'll spend
II.
II told Captain Titus that would give
500 each to every one of his men who
could show that I ever committed any
crime. One of his men said he knew that
had committed a crime and | told him
] would give him $500 II he would pro-
duce any evidence to back up his state
ment.
"A job was put up on me to railroad
me to prison. ] don't know how Gov
ernor Odell was induced to sign that ex-
tradition warrant. l would like to find
out. It's a queer piece OF business when
an innocent man can be kept more than
two weeks In prison cell be photograph
cd for the rogues' gallery and suffer all
tne other indignlties that go with i'm
prisonment."