The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-17
Appeal VIII BE Taken from Judge Ba-
ker's Decision i'm the Habeas
Corpus Proceedings.
ATTORNEY LA TOILETTE READY
HE is ONLY AWAITING THE RETURN
OF JUDGE BAKER.
Department of Stice Anxious for an
Interpreti = of the Extradi-
ton Treaty.

Within few days James Lynchehaun,
the Irish refugee. whom the British authori-
ties are endeavoring to return to their coun-
try under the extradition treaty, will again
be fighting the law. An appeal to the Su-
preme Court of the United States will be
taken this week by the counsel of the
British government, and Assistant District
Attorney LaFollette is only awaiting the ar
rival of Judge Baker to prepare and file his
petition of appeal. The appeal will be made
from the decision of Judge Baker in the
proceedings of habeas corpus, brought by
Lynchehaun at the time he was arrested in
this city on a warrant issued by United
States commissioner of the southern district
of New York.
When Lynchehaun escaped from the Marl-
boro prison he came to America and located
at Indianapolis, and was arrested there on
a warrant sworn out in New York under
the name of Walsh, under which name he
went before his trial here. Because the
warrant of the New York commissioner had
no extra territorial authority in an extradi-
ton proceeding and could not properly be
served in Indiana, Lynchehaun brought pro-
ceedings of habeas corpus before Judge
Baker. The latter sustained the proceed
ings and Lynchehaun was released, after
which his case was decided by United States
Commissioner Moores, who held that
Lynchehaun's crime was of a political ma
ture and consequently he could not be ex-
tradited. The appeal to the higher courts
will be taken from the appeal of Judge
Baker in the habeas corpus proceedings and
not from the decision of Commissioner
Moores.
VIGOROUS OBJECTION.
Vigorous objections to the release of
Lynchehaun were raised by the British au-
thorities who have brought the matter to
the attention of the United States gov
eminent through the State Department.
| The Department of Justice has been look
| ing into the case carefully, and 1t is under
stood is pushing the appeal. the reason
being that this government has such an
| interest in the correct Interpretation of the
extradition treaty between England and the
United States that it is DESTROYS of the
appeal.
| 1t has been shown that if Commissioner
| Mooress Interpretation of the law is cor
rect, an Anarchist escaping from this coun.
| try to Canada, after even assassnating
| President might be safe from extradition
This, 1t is said, accounts for this govern
| ment's interest in the case.
! Assistant United States District Attorney
| LaFollette said last night that while 1t was
not necessary to wait Judge Bakers arriva
| to file the petition for appeal, it had beer
| arranged that they should hold consulta
| ton. He said the appeal would probably b,
4 taken before the end of the week. The case
| is attracting wide attention, Mr.. LaFolett,
said, and many letters have been received
| by the British governments counsel Civ
ing opinions as to the commissioners de
cision. among them two letters from United
| States commissioners, stating that they die
| not agree with Commissioner Moores''s in
depreciation of the treaty. The country Il
| SO anxious to have the treaty clearly de
| fined, said Mr.. LaFollette, that counsel TO
| the British government is receiving wide
| spread support.
1t is said that an appeal from Commits
sioner Moores's decision could be taken onl,
| to the President of the United States, which
| would be extremely embarrassing to Presi
| dent Roosevelt, much feeling has beel
| stirred up among the Irishmen of the coun
| try, and should the President turn Lynche
haun over TO the English government h
| would receive bitter denunciation from al
| Irish-American sources.