The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-03-04
AMES' nine REASONS
His Habeas Corpus Petition Attacks
Legality Of Extradition On
Many Points.
But Delay in the Case May Be q
Bad Thing for
Him.

The battle is joined. What promises
to be a dramatic struggle for extrad1tion
with the state of Minnesota on one side
and former Mayor Albert A. Ames on the
first advantage very evidently has been
won by the fugitive and what will
probably be a ng-drawn-out litigation
is we'll started, disclosing the possibility
that the genial doctor" may never be
seen in Minneapolis again.
Sheriff Dreger did not reach the scene
Of action yesterday until after Judge Pike
Of the superior court In Manchester, NH,
had granted a writ OF habeas corpus and
had set the hearing for March II, but the
sheriff Is taking and will take every care
to see that the rights Of Minnesota are
properly presented. He is determined to
bring DR.. Ames back with him.
It is a notable fact that whereas DR..
Ames has all along been suavely insist
ing that he would gladly return to con-
found his accusers if only his health would
permit, the documents in the present pro-
ceedings make no mention whatever or
his physical condition. Instead, the
habeas corpus petition calls into question
the validity Of the extradition proceed
ings and urges nine defects as follows:
| First-That the proceedings and process on
which the executive warrant was issued are
irregular and defective, and that the evidence
| fled is insufficient
Second-Because in the documentary evidence
filed it does not appear that the petitioner conf
| mitted q crime within the meaning of the United
| States constitution acts OF congress.
Third-Because the governor declined to hear
evidence of the commission of a crime warranting
| eXtradtion. .-s.
| Fourth--Because the warrant does not state
that the petitioner was found to be fugitive
| from justice within the meaning Of the constitu
! tion and acts OF congress. ...
| Fifth--Because the warrant does not state thai
any original criminal prosecution is now pending
| in Minnesota. E.
sixth-Because the warrant does not state thai
the governor Of New Hampshire was satisfied
that the demand of the Minnesota governor
| is comfortable to law and ought to be compiled
| with.
| that the petitioner is held in custody to answer
| for crime against the state, the United States
or is fugitive from justice. as -
| Eighth-Because the sheriff is ordered to turf
the prisoner over to the Minnesota officers OH
date certain, and not on demand, as required b!
the acts of congress- = = "...-
Ninth-Because so much of the New Hampshir
law (chapter 263) authorizes the delivery 0
la fugitive from justice on certain day l
I'contrary to the constitution of the Unite
States and the acts on congress IN relation I
the subject Of extradition.'' ,.-- ..
AS a result Of this turn in the case
it may be many months before DR.. Anne
is brought back to Minneapolis, If at all
> A decision adverse to Ames by Judg
Pike may open the way to an appeal an
; protracted delay. This means heavy ex
| penSe, anu as the DOnuSIIleIi dIe pdy4i
: the bills, the dragging out of the case
likely to have a dampening effect upo
, their determination. On the other hanc
however, Ames may be working agains
his own interests by continuing the liti
cation. =: A bill is now before the Mime
sofa legislature to provide a continger
fund for bringing back fugitive prisoner
t from outside the state, and it is likely
, pass within two weeks. This would re
Iieve the bondsmen Of the burden of eS
pense in the .Annes proceedings and max
: the cause more thoroughly that of tn
: state Of Minnesota. With a state pay1n
J, the expenses of the extradition, the pro
: ceedings would be less liable to interruI
ton because OF the cost involved.