The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-01
Commissioners Moores I'm His Opinion
Says He II Convinced TINT II Was
q Political Ofense.
ASSAULT PART OF DISTURBANCE
HAD ITS ORIGIN IN MOVEMENT To
OVERTHROW LANDLoRDIsM.
Participants I'm Conflict Desired to
Change Laws and Upset the Po-
Iftical Conditions.


In the James Lynchehaun extradition pro-
ceedings in the Federal Court room, dis
charging the prisoner from custody. The
defendant, by his counsel. Ferdinand Win
ter. Addison c. Harris and Henry y. Spaan,
and the British government by Jesse j. M.
La Toilette. were present. 1t was not gen
orally known that Commissioner Moores
would deliver his opinion yesterday and only
a small number of those who were Ia at
tendance from day TO day during the
progress OF the trial were present. When
the commissioner had finished reading his
opinion and it was realized that Lynchehaun
was a free man there was q silent evidence
of satisfaction.
When Lynchehaun left the courtroom he
was surrounded in the corridor by those
who had taken a prominent part in his be-
half and was the recipient of many con-
gratulations. The opinion meets with the
approval OF prominent attorneys generally
Mr.. La Toilette asked the commissioner,
when he had finished his opinion. to certify
the same to the secretary of state at Wash
ington for the reason that, as there Is no
appeal from the opinion, he wished the sec
rotary to look over the opinion. Mr.. Moores
that the United States statutes only re-
CURED him to do that in the event OF
Lynchehaun being committed.
A POLITICAL CRIME.
The opinion states that the facts are
proven that Lynchebaum committed the as
sault on Agnes Mcdonnell with the intent
to kill her and that he was convicted and
sentenced to penal servitude for life for the
offense and was imprisoned for seven years
when escaped and found his way to this
city. There remains but one question" says
the opinion, whether, within the meaning
OF the treaty, read in the light OF the pre-
cedents and OF law, this assault was AN
offense of a political character If it was.
the prisoner must be, discharged: II it was
not, he must be committed to Jail to await
final action by the secretary Of state and
the President of the United States.
For the purpose of proving that the Of
Tense was of political nature and because
the English rule very properly admits all
evidence which may be rendered TO show
is shown by a number of English authori-
ties on that point, the commissioners al
lowed the prisoner to tell his own story
Of the assault and to describe mis- trial.
''The prosecution of the prisoner in Ire
land was conducted by the attorney general
OF ireland, who came from Dublin TO cas-
tlebar for that purpose. The defense claims
that this was a recognition by the gov
eminent OF the political character OF the
crime and in view of the fact that the at
torney general challenged all jurors who
were small tenants or members or the Lana
Ieague amounts the defense said. TO a
practical construction that the onense was
political" The commissioner held that the
full force of that conclusion was not justi-
fed but that the point was entitled to some
consideration as was decided in the lead
ing case of Re Castioni, l.. r. Q. b., 1880,
Page 149.
COMMISSIONERS JURISDICTION.
The opinion further says: 1T has been
argued with some force that the magis-
trate Commissioner Moores) has no power
to decide whether the offense on account
of which extradition is sought is political,
but that he is bound to leave this question
to the President and secretary of state.
1 am convinced that having been desig-
mated by the statute and the court TO hear
and consider the question of criminality
under the treaty it is my duty to deter
mine whether this was political offense.
The authorities all support this view and
/ shall take the responsibility of eXercis-
ing the power which the law has conferred
upon me. We must consider all the facts
and then as question or law determine
whether the offense was an ordinary crime
or whether. I'm the light of the circum-
stances leading UP to il, it was political in
It's character.
..It is not a question of how detestabIe
the acts were, nor of whether or not they
have been punished adequately, nor
whether the trial was fairly conducted.
mined according to the decisions of the
courts and the definitions that the author
tiles offer for our consideration.
1T is evident to me that the assault on
Mrs. Mcdonnell was incidental to and a
part of n popular disturbance: that the
popular disturbance, including the prison
er's part in it, had its origin and cause in
a movement on the part of the people to
overthrow landlordism and was done TO
further that movement, and that this
movement, futile though IL was did dis
turb the political and social order of Ire
land; that these people would have been
in state or open inSurrection had not the
right to bear arms been denied them; and
in fine. that the riot OF Oct. was for
political purposes and that its participants
were engaged I'm n partisan conflict whose
object was change or laws and an up
setting OF existing political conditions.
WHERE REAL TEST LIES.
1.-THE real test lies deeper than definitions
Il IL this: Would the crime have been
done had there been no political motive
and no concert of action TO effect that mo-
tive? Would the fire and the ensuing rio;
have occurred, save for the long chain OF
moving causes that preceded 1.-THE discon-
tent of the tenants a class. the agrariar
agitation, the enactment of odious laws
the disagreements between the various
landlords in the island and their tenantry
the knowledge that like disagreements ex.
listed all over Ireland. the dispensing of
the brotherhood meetings. and the arrest
of it's speakers; and. finally, the meeting of
Oct. >. when the delegates chosen by 4O(
members of a revolutionary order dc.
termined 10 drive this landlord out of Tho
country. / am convinced that these things
were all moving causes that lead up to tho
climax of Oct. 3. and that their relation IL
the riot and the assault was so intimate
that they lent their character to the assault
itself.
''Dfsgraceful though an assault on 2
woman must always be. I am convinced
that this political offense for which
under the terms of the treaty, the prisoner