The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-08-30
TROUBLE WAITS
BISHOP HUBERT
WARM RECEPTION AT LINCOLN
PROMISED TO CoLoRED MAN.
Judge Harrison, While Dubious About
Extradition Writs Signed in Blank,
Refuses to Let the Prisoner Go.

Philip Axis Hubert, the colored
man who claims to be a minister and
college professor, will have to accom-
pany the Nebraska officers back to
Lincoln to be tried for rape. His eff
forts to defeat extradition came to
naught this morning when judge a.
M. Harrison discharged the prisoners
second writ of habeas corpus and re-
manded Hubert to the custody OF the
officers.
That the colored man will have a
warm reception is shown by the foi-
lowing special to The Journa al
from Lincoln:
Warm Reception Waiting.
Wisdom and caution undoubtedly have
led Rev Philip Hubert, colored, to fight
extradition in Minneapolis. Detective
Bentley has gone to bring the reverend
gentleman to Lincoln, and it will take
some nerve and strategy to bring the col
ored. man back without meeting mob.
Hubert is accused Of assaulttnS the 10
year old daughter Of a colored mail car
rier, at whose home he was staying.
Pretending to be representative OF
colored college, he swindled number
of people. Several colored politicians were
approached, it is said, with attempts at
blackmail. These are aroused, and crowds
of colored men have been watching the
for information :Hf,
The prisoner appeared IN court this
morning attended byEa number&of coll
ored friendsrand attorneys. w. II.
Morris, representing the prisoner, con-
tended that the extradition warrant on
which Hubert is held is Illegal in that
it was not issued personally by the
governor but had been signed in blank
by Governor Van SAINT who was out of
the state at the time of its issuance.
Witnesses testified that Governor Van
SAINT was out Of the city and had been
since Saturday night. Deputy Sher1tt
w. A. Bentley of Lincoln testified that
he did not know whether he saw the
governor, and that the extradition pa
pers had been handed to him by a
| man whom he supposed to be the gov
errors secretary.
William G.. Leary, assistant county
attorney, appearing for Chief Of Police
Conroy, argued that the warrant with
| the governors signature was sufficient
| evidence of it's genuineness, and thai
no competent testimony invalidatine
it had been introduced. Judge Har.
| rison said
A Grave Question.
have very grave doubts as to whether
or not the governor has a right to sigr
warrant in blank and leave it to BIZ
|
serious question, and if that question were
| presented here I am inclined to think tina
I should hold that the warrant was en-
tirely invalid; but there Is a different
phase of 1t presented here.
| There is the signature of the governor
attested by the secretary Of state, to-
gether with the great seal Of the state
which imports verify and testif1es tt
the genutneness of the signature Of thu
governor to the warrant There Is NJ
evidence here whatever that the court cal
| take cognizance of that the governor wa
out Of the state, nor that he was out o
| town. He might have authorized his sig
nature by telephone or telegraph. H
might have considered the matter an.
passed upon If, but I think It was neces
sary for him to authorize the issuance Q
the warrant, and the evidence Of tina
fact here is indisputable as far as any
| thing that the court can take cognizanc
of. The mere fact that clerk in al
office says that the proprietor isn't in
or that a clerk in the governors offic
says the governor isn't in, does not prov
i he isn't in.
The court is bound by the attestation o
the secretary of state under the grea
seal of the state, that the signature o
the governor was affixed to the warrant
The prisoner is therefore remanded t
the custody Of the officer, and the writ
of habeas corpus is discharged.