The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-09-09
British Government Makes Shrewd
Move by Having Original Case Dis
missed and Man Rcarrested.
FOR WRIT OF HABEAS CORPUS
IRIsHMAN'S COUNSEL PETITION FED
.ERAL CIRCUIT COURT.
Attempt to Remove Lynchehaun Il
New York VIII he Desperately
FOught-A New Turn.

James Lynchehaun, alias Walsh, the
Irish refugee confined in the county Jail,
will be free man or he will be taken to
New York to be tried under United States
Commissioner Shields, according TO the de-
csion of Judge Francis Baker, of the
United States Circuit Court, tomorrow.
The case of Lynchehaun goes before Judge
Baker as a result of Attorneys Ferdinand
Winter, Albert w. Wishard, A. C. Harris
and Henry n. Spaan, the attorneys for
Lynchehaun, instituting habeas corpus
proceedings. yesterday afternoon. before
Judge Baker. to prevent the Irish refugee
from being taken to New York.
Judge Baker set the hearing for to-mor-
row morning. He will not decide directly
whether Lynchehaun is to be taken before
United States Commissioner Shields at New
York, but whether the warrant issued for
Lynchehaun by United States Commission
er Shields can be legally served here.
LYNCHEHAUN REARRESTED.
On the petition of j. j. NJ. La Toilette.
counsel employed here to represent the Brit
ish government, the case against Lynche-
haun before United States Commissioner
Moores was dismissed yesterday afternoon
The New York warrant for Lynchehaun was
served by United States Marshal Petit
about o'clock yesterday afternoon. Two
hours later Commissioner Moores called the
case, and, on Attorney La Follettes peti-
ton the Indiana case was dismissed.
Mr.. Fox. counsel for the British govern
ment in New York, instructed me TO take
this action said Mr.. La Toilette, in ex-
planning his action before United States
Commissioner Moores. II suppose the
United States marshal will at once serve
hQ old Mo- Xslrl -
the accused man will be taken to New
York, provided the defense has not some
trump card to play now
The New York warrant had already beer
served, but the defense-Attorneys Winter
Harris, Wishard and Spaan-had ..trumI
card to play. No sooner had the case
against Lynchehaun before United States
Commissioner MOores been dismissed thar
habeas corpus proceedings to prevent
Lynchehaun from being taken to New
York were applied for before Judge Baker
The prisoner was then taken before Judge
Baker and he set the case for tomorrow
morning for hearing.
POSITION OF THE DEFENSE.
In the habeas corpus petition it is claimed
that under the treaty between the United
States and Great Britain the prisoner can.
not be legally extradited; that this man i.
not the man the British government wants
for the crime he is charged with havins
committed in Ireland, and that warrant
issued by United States Commissioner
Shields. of the New York jurisdiction, can.
not be served legally in this State This i.
the general ground of the petition for the
writ of habeas corpus.
In deciding the petition for habeas corpus
Judge Baker will decide whether Lynche
haun Is legally under arrest-that is, wheth
er the New York warrant for his ar.
rest can be served legally in Indiana II
Judge Baker decides that this warrant was
served illegally yesterday by United State.
Marshal Petit then Lynchehaun will
be free man. III Judge Baker de
cides that the warrant was served legal,
then Lynchehaun will be taken to New
York to be tried before United States Com
missioner Shields.
One of the British detectives who ar
rived i'm indianapolis early yesterday morn
| ing explained at the federal building. yes
| terday afternoon, that the British govern
ment wants Lynchehaun more TO find wh,
assisted him 10 escape from Marlboro pris
| on than for any other reason. 1.-The gov
| ernment has held several investigations in
| reference TO this matter" said the detec
| tive, but never had been able to get I,
] the bottom. The government wants 4