The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-28
WISH TOEXAMINE TnELAW
LYNCHEHAUN's COUNSEL SECURE
TWO WEEKS CONTINUANCE.
Pinkerton Inspector Weiss RigidIy
Cross-Examinedb by Henry n. Spaan
Interest in the Case.

In response to a request OF Attorneys "A.
". Wishard and Henry n. Spaan,. rep
resenting James Lynchehaun, whom the
British government is seeking to extra
dite as escaped convict. United States
Commissioner Charles w. MOores ad-
journed the hearing of the for two
weeks. Lynchehaun's counsel desire more
time 20 examine international law bear
Ing on the case, which is recognized as
the most important in recent years. The
hearing will be resumed Sept. before
Commissioner Moores. at which time argu-
ments on the law will be made.
The following statement was made by
Commissioner Moores yesterday to the at
torneys for the Irish refugee:
II Will say TO the district attorney for his
guidance in the meantime, that at present
l do not regard the documentary evidence
submitted by the British authorities as sum-
Gent evidence of conviction In the BRUSH
courts as required under the treaty OF
extraction. L say this row in response
to- the request of the district attorney, so
that he may be able TO take any steps that
are necessary"
INTEREST IN THE CASE.
The Federal Court room, where the hear
ing was had, was well filled with Irish
residents of this city. who have displayed
much interest in the case. E. ]. Weiss,
of the Pinkerton agency. was the only wit
ness yesterday. He was cross-examfned by
Spaan. but no new material points were
brought out. During the cross-examna-
ton Spaan made several acrimonious re-
marks to the witness but was stopped by
Commissioner Mores, on the objection
of Assistant District Attorney La Toilette.
An effort was made just before adjourn
ment, To introduce documentary evidence
which Lynchehaun had been arrested in
Ireland, a deposition of the jailer from
whom he had escaped, and a certified copy
OF the certificate of his conviction in Ire
land. Spaan objected to the admission of
this documentary evidence, on the ground
that ii was not properly authenticated,
and that there was nothing to show that
the certificate of conviction was a proper
copy of the records in the case. 1t was
decided that the matter should be settled
on resuming the hearing, Mr.. La Toilette.
In the course of the morning, withdrew his
demand that the photograph of Lynche-
haun. furnished by one of the detectives,
should be introduced as evidence. Its intro
duction had been bitterly contested Wednes-
day afternoon by Mr.. Spaan who held that
il was not properly authenticated as a
portrait of the man wanted
IRISH FRIENDS PRESENT.
Maurice Donnelly, Cornelius Kelly, VII
liam l.. O'Connor, Neal Lena CHAN, p. II.
McNelis, Andrew NJ. Sweeney, Martin p.
Grady. James H. Deery. Bernard F. Kelly,
John Carroll and number of other in
fluential Irishmen who take deep inter-
est in the case, were on hand, Mr.. DON
nelly and Mr.. OConnor sitting close to
the counsel for rhe accused. Around the
court were number of members of the
Ladies' Auxiliary of the Ancient Order of
Hibernians. All seemed in a hopeful mood
that Attorneys Spaan and Wishard would
be able to prevent the extradition of the
accused man.
The testimony of Pinkerton Inspector
Weiss occupied most of the session yester-
day morning. He was rapidly crOss-ex-
amineu by Attorney Span, who seized the
opportunity to arraign the methods by
which England has governed Ireland for
700 years.
II is evident that the English govern
ment will have considerable trouble in
proving the identity of the man now in
custody Should they succeed in doing this
the lawyers for the accused say that they
will give them long battle on the treaty
feature of the case. In any event, the
case will go ultimately to the United States
Supreme Court, Attorney Wishard says.