The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-09-10
LYNCHEHAUNCASE TO-DAY
JUDGE BAKERS DECISION is AWAIT
ED WITH INTEREST.
New York Attorney May BE Here to
Represent the British Government
Talk OF an Appeal.

Whatever the decision of Judge Baker,
Of the United States Circuit Court. on the
petition to prevent James Lynchehaun, alias
Walsh, from being taken to New York to be
tried before United States Commissioner
Shields, the Lynchehaun incident will be
far from closed with the conclusion of the
hearing before Judge Baker this morning.
If Judge Baker decides that United States
Marshal Petit had authority to serve the
New York warrant on Lynchehaun in In
dianapolis it is understood that Attorneys
Henry M. Span. Ferdinand Winter and A.
W. Wishard will at once appeal to the Su-
preme Court of the United States. If Judge
Baker decides that the New York warrant
cannot be served legally In Indianapolis
1t is probable that Attorney Jesse j. NJ.
La Toilette, representing the British govern
ment here, will reopen the proceedings
against Lynchehaun before United States
Commissioner Moores.
Attorney La Toilette said last night that
Charles Fox the New York lawyer repre-
senting the British consul in New York,
may be in Indianapolis this morning to con-
duct the hearing before Judge Baker for
the British government. Mr.. La Toilette
had q conference over the -long-distance
telephone with Mr.. Fox yesterday. and the
latter said he would probably be in Indian
apolis.
If Judge Baker decides that the New
York warrant for Lynchehaun was served
legally by Marshal Petit and the attor-
neys for Lynchehaun take an appeal to the
Supreme Court, it is understood they will
at once have to secure writ or supersedeas
from the Supreme Court TO prevent Lynche-
confined there pending final action by the
Supreme Court. If an application for writ
of supersedeas is filed then Lynchehaun
cannot be taken to New York. at least. until
the petition is decided. If the Supreme
Court should grant the writ Of supersedeas
then the British government could not have
Lynchehaun taken to New York until final
action is taken by the Supreme Court
WHAT COULD BE DONE.
eve don't want to be crossing any bridges
until we get to them," said Mr.. La Toilette
last night ''but will say that one thing
the British government could do In the
event Of Judge Baker deciding that the
New York warrant cannot be served legally
in Indianapolis is to begin proceedings
against Lynchehaun again before United
States Commissioners Moores. I am not say
ing that this is what the British government
will do IL Judge Baker decides to grant the
writ Of habeas corpus, for 1t cannot be told
We had the case before United States Com
missioner Moores dismissed because VIC
thought the warrant issued by United States
Commissioner Shields. of the jurisdiction Of
New York, could be served here.
1.-The extradition treaty between the
United States and Great Britain says very
clearly that If a prisoner OF either govern
ment escapes from prison before his SEN
tence is served and goes to the other coun-
try that he can be extradited don't
understand upon what part OF this treaty
the attorneys for Lynchehaun say that un-
der the treaty he cannot be extradited legal
ly. One ground Of the petition for a writ
of habeas corpus to prevent Lynchehaun
from being taken to New York to be tried
before United States Commissioner Shields
is that the man cannot be taken back to
England. legally, under the extradition
treaty"
The story Of James Lynchehaun's escape
from the Marlborough prison, where he was
sentenced for life on the charge OF having
tate he was in charge Of, reads more like
the chapter of a highly imaginative novel
than one chapter Of the life Of plain-look-
ing Irishman. And even before he was tried
Lynchehaun escaped from the men who ar
rested him and succeeded in keeping out of
the way of Scotland Yard detectives for
three months. Then he was arrested and
speedily tried and given life sentence.
His escape from Marlborough prison was
one of the most successful and ingenious
pieces of work recorded In the history OF
English prisons. He destroyed the lock on
the door to his cell and doctored the indi-
Gator in such way that II showed the
door to be locked when Ii was really open.
Then, after making dummy and putting
1t on his cot, he made his way through
and climbed into the prison yard through
an air shaft. He then climbed over the
prison wall, which Is twenty-eight feet high.
He had a good start of his pursuers. as it
outside the high wall before the prison off,
GERS discovered that he had escaped.