Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-03-07
Habeas Corpus Proceedings In
Case of Mrs. Dye Postponed
Until Wednesday
CHE MAY BE RELEASED THEN
sf tho Governor Refuses to Grant the
Extradition Of the Prisoner il is
Likely She Will be ReIeased-Nice
Legal Point invoived-Happeninss
In Iowa.
Special to Times-Republican.

Boone. March THE habeas cor
puS proceedings begun in behalf of Mrs.
6eeman Dye accused of sending poi
ooned candy thru the mails to Miss
Nelson, at Pierre, S. D., have been con-
Ainued. by stipulation of all parties con-
cerned until Wednesday, pending the
decision of Governor Cummins on the
question OF extradition. If the requisi-
tion is not granted the county attorney
a instructed to release Mrs. Dye. Mrs.
Dye was arrested Saturday night on
her return from De-; Moines. When the
train arrived her husband was waiting
Tor her, as was also Constable H. +.
Shade, armed with the papers for her
arrest. She had been made acquaint-
ed with the nature OF her detention
and continued to take the matter quiet
". stoutly affirming that she had MOTH
tng to do with the sending of the pois-
oned candy. She looked the picture OF
lniured innocence. The officer called a
cab and the three were driven rapidly
70 the city hall and from
there to the home of the Dyes.
Sheriff Foster, who decided it was best
to comply with the telegraphic request.
from Pierre, was notified of her APP
prehension and gave orders that she be
brought to the county Jail at once. The
cub was driven to the Jail and Mrs.
Dye was placed in the womans ward.
Mr.. Dye seems inclined to fight for
his wife's liberty although it Is known
that the two have been very unhappy
In their married life, the chief trouble
1t Is claimed being his attention to
other women.
The question involved Is where the
Crime, II crime there was, was commit
ted, Boone or Pierre. Dakota authors
ties contend that the crime started in
the other state and was consun11nated
IN South Dakota and claim that the
statutes provide clearly that the trial
shall be in South Dakota. Boone at
torneys contend that the crime. If COM
rnitted, was In Boone and the prisoner
Is entitled to trial here The county
attorney at Pierre has been telegra phed
for by the Dakota sheriff. Mrs. Dye
LAS interviewed today and stoutly pro-
Sests her tnnncence. but admits trouble
between herself anu Miss Nelson. She
takes her incarceration calmly, sssts
well and sleeps we'll. Her husband Was
with her at the jail most of the day
Aud apparently intends to stand by
her.
New Legal Question.
Des Moines, March IA peculiar
question Involving the definition of a
Fugitive from justice has been raised
before Governor Cummins In the case
OF Mrs. Sherman Dye of Boone, who
IL accused of sending poisoned candy
to Miss Rena Nelson OF Pierre, s. D.
Sheriff Laughlin OF Hughes county
South Dakota, was An Dess Moines
yesterday in conference with Governor
Cumr,ins, asking for the requistion of
the Boone woman.
Governor Cum1rdns raised the ques-
tton as to whether or not under the de-
cision Of the Iowa supreme court, he
svould be justified in granting the ex-
tradit bon OF Mrs. Dye in view of the
fact that she had never been oa1t OF the
state. The offense was committed IN
Iowa and the question naturally arises
why she should not be tried Din Iowa
The contention of the Pierre authori-
ties is that the offense was committed
In Pierre where the candy WAS re-
ceived, and If Mrs. Dye sent 1t, there
0ore, she committed the offense in
South Dakota.
Governor Cummins proposed to give
Sheriff LaughMn hearing today, but
the Pierre sheriff had ito be In Boone
where habeas corpus proceedings are
In progress and the hearing was set
for Tuesday Sheriff Laughlin i'm
mediately returned to Boone.