Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-06-07
THE DENNISON CASE

4 LIE UElNlVlOUV NACE
Some of the Best Legal Talent In oma.
/ ha Assisting in the Fight For Extra
dition of the Notorious Gambler.
Omaha, Neb. June 7-Some of the
best legal talent to be found in the
state of Nebraska is arrayed on the
side of the prosecution against Tom
Dennison. II. c. Bronze Joined E. E.
Thomas, and l.. w. Fallon in the fight
for extradition of Dennison yesterday
morning and presented a powerful ar
gument before Judge Day demanding
that the writ of habeas corpus be i'm
mediately dismissed. He said that it
was but scheme to defeat the ends of
justice and to keep George M. Christian
from taking Dennison across the river
into Iowa on an extraditlon war
rant issued by the governor of this
state.
|
amined the evidence and found them
selves justified in extraditlon and tnat
1t was sufficient. The claim made by
Dennison's attorney that the evidence
was insufficient was of no force, SAID
! Attorney Bronze, as the judge had no
| right to determine the sufficiency OF the
evidence; all that the court had the
fright to consider was whether there
was any evidence of guilt at all. II there
was then the extradition Of the defen-
dant should not be interfered with.
| 1t is believed here that Dennison is
up against hard proposition. Attor-
ney Bronze occupied the entire forenoon
with his argument, and w. j. Connell
| Dennison's attorney, occupied most OF
the afternoon Il his behalf. Mr.. Con-
nell sought in the first place to avoid
presenting the case to Judge Day. He
Intentionally sighted Judge Day in or
der to ask his friend. Judge Bartlett, to
tissue the writ of habeas corpus. Judge
Bartlett was somewhat outraged at this
proceeding and sharply told Conneil
that he must make his application be-
fore Judge Day. The latter issued the
writ of habeas corpus late Saturday
afternoon. Marshal Christian had ar
rested Dennison In the meantime, and
they went before Judge Day, who re-
leased Dennison upon a $4,000 bond.
Attorney Thomas asked that the bond
be $4,000, but Judge Day. who, by the
way is a former Des Moines man,
deemed $4,000 enough.
In case of an adverse decision
it is probable Dennison will appeal to
the supreme court.
Dennison's Claim.
In his application for the writ OF ma
beas corpus Mr.. Dennison sets up, first,
that he Is and has been bona tide res
ident of the state of Nebraska for more
than fifteen years and that he is held,
detained and imprisoned, in violation OF
his constitutional rights. by one George
N. Christian, under and by virtue OF an
executive warrant issued by the gov
ernor of the state of Nebraska, which
purports to authorize the transporta-
ton of the petitioner to Harrison coun-
ty, Iowa. there to be turned over to the
authorities to be tried on the charge of
receiving and aiding in the concealment
of $4,000 worth of diamonds stolen
from the person OF William G. Pollack
Shercliffe.
The application further alleges that
all the proceedings thus far taken re-
lating to the extradition of Dennison
are null and void, because 1t has not
been shown by competent evidence that
the petitioner is fugitive from justice
from Iowa or had committed any crime
in that or any other state, and that IL
has not been shown that he fed from
the state of Iowa: that the executive
warrant issued by the governor of the
state of Nebraska is void because is
sued in violation of the constitutional
rights of the petitioner; that the petit
toner Is wholly innocent of the crime
charged in the indictment found by the
Iowa grand jury; that the constitution
and laws of Iowa in this case do not
authorize the requisition by the gov
ernor of Iowa: that the constitution and
laws of Nebraska do not allow the is
suance Of the executive warrant by the
governor of this state; that 1t appears
on the face of the indictments that the
statute of limitations of the state of
Iowa has run against the alleged
crimes; that a copy Of the indictments
has not been presented to either of the
governors, but that the purported copy
which formed the basis of the requisi-
ton is not a true copy: that copy is in
sufficient to justify or authorize the ex-
tradition under federal laws: that "one
Elmer Z. Thomas confederated and
conspired with other evil disposed per-
sons for the sole purpose and reason OF
bringing your petitioner into disrepute
and casting aspersions upon his integ~
rity. wrongfully procured indictments
to be procured against your petitioner
ard wrongfully induced the issuance OF
said requisition and executive warrant
for the purpose Of annoying and yexing
your petitioner and bringing him into
disrepute and public contempt, and for
political reasons. and in no wise and in
no manner for the purpose of bringing
him to trial for the alleged offenses set
forth In said copy of said Indictment.
and in no wise and in no manner for
the furtherance Of justice"
Dennison represents that he is not
restrained Of his liberty by virtue of
mandate from a court or Judge but
solely on the warrant of the governor.
and that the whole proceedings are for
the purpose Of getting him into Iowa
to be arrested and tried on another
charge, which was one of robbery, and
was purposely left from the purported
copy submitted to the governor of