The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-09-12
Holds thai Federal COMMISSIONER
Warrant In Not Sufficient Process
Outside His own District.
HEARING SET FOR WEDNESDAY
FUGITIVE,S FATE WILL THEN BE
SETTLED BY MIR. MOORES.
Belief that Supreme Court VIII BE
Appealed to i'm Event Of Decision
Against the Prisoner.

In granting a writ of habeas corpus
yesterday morning which prevents the
British government from taking James
Lynchehaun. alias Thomas Walsh. to New
York to DO tried ON the extradition petition
before United States Commissioner Shields.
Judge Baker. of the United States Cir
cult Court, rendered a decision which will
be recognized authority.
When Judge Baker announced his de-
cision Attorneys La Toilette and Fox. rep
resenting the British consul at New York,
swore out a new warrant for Lynchehaun
charging him, as before, with being an
escaped convict from an Irish prison. The
writ and affidavit were made returnable
before United States Commissioner Moores.
This is the move on the part of Attorneys
La Toilette and Fox which was anticipated
il the writ of habeas corpus was granted.
The warrant was taken to the county
Jail and Immediately served on Lynche-
haun, alias Walsh. He was taken before
Commissioner Moores, where he pleaded
not guilty. On the petition of Attorneys Adj
olson c.. Harris, Ferdinand Winter. Henry
N. Span and Albert w. Wishard, in be-
half of the prisoner, the case was con-
liliutu GutI htAt hNHo -
10 o'clock. Attorney Fox announced that
he will be ready 70 appear against Lyncnc-
haun next Wednesday with his witnesses.
JUDGE BAKERS DECISION.
Whether the writ of United States COM
missioner Shields. Of the Southern jurisdic-
ton OF New York, was sufficient process in
Indiana-that is. whether the writ could
be served legally in this State, or outside
the district for which United States Com
missioner Shields was appointed was the
question at issue in the habeas corpus hear
ing. Judge Baker decided that the writ
could not be served outside the district
where ii was issued, and that L~ynchshaun
is entitled to trial in Indianapolis.
81 shall hold, until Congress, by explicit
legislation on the subject, makes the law
different, or until the Supreme Court OF
the United States puts a different construc-
ton on il, that a prisoner has the right
to be tried wherever he is found on eXtradi-
ton proceedings said Judge Baker.
Thus cid Judge Baker render an entirely
unprecedented opinion on the question, Can
warrants of United States commissioner
for persons wanted for trial on extradition
proceedings be served outside the district
in which they are issued?
The three previous opinions on this ques-
ton wer" rendered by judges of less au-
thority than United States circuit judges
district Judges and United States commits.
sioners In these three opinions, in which
this question was not as important as other
points. il was decided that the warrants OF
United States commissioners could be
served in any part of the United States
Until the Supreme Court or Congress shall
hold differently Judge Bakers decision will
be recognized authority.
TO BE HEARD WEDNESDAY.
The question to be decided by the hearing
before United States Commissioner Moores
next Wednesday is this, Is James Lynche.
haun. alias Thomas Walsh. the man wanted
by the british government on the chargc
which has been lodged against him-that Of
having been tried and convicted and SEM
TO an Irish prison and having escaped?
IL it is found that Lynchehaun, alias
, Walsh, Is the man wanted on this charge
then he will be turned over TO Secretary OF
State Hay. If Commissioner Moores find:
against Lynchehaun there is just one
ground on which his attorneys can take ar
appeal to the Supreme Court, that of ir
resularities in the proceedings before Com
missioner Moores, according to the state
ment OF a prominent attorney yesterday.
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