Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1904-07-08
HDURT DECIDES
AGAINST DENN|S0N
|ecrees That He Must Go to
4 Iowa and Answer to
the Charge.
COURT DECISION A SURPRISE

Oennison VIII Appeal the Case to
the Supreme Court for Final De.
cision on the Part Of the Body =
Will Be Hard Fought Legal Battle
f5 Omaha, Neb., July 3.-Tom Denni
S9ss sons application for writ of habeas
Il Scorpus has been denied by the district
sS court. The attorneys have taken ex
receptions to the findings of the court
Wand given notice that they will move
for new trial next Tuesday, and in
1.-THE meanwhile the mai order of the
\; Scourt will not be entered and Gov
|ernor Mickeys warrant of extradi
8S ton will be held in obeyance.
A Attorneys for the Civic Federation
NV stated in court yesterday they would
,Ss give reasonable time to the attorneys
~ for Dennison to make their record
M upon which to carry the case to the
s supreme court.
l Court Room No. was crowded
1 when Judges Day, lroup and Redick
S $% read their findings in the habeas cor
~ pus case, in which all three Of the
# jurists concurred, although they read
Ok separate opinions. The conclusions
H reached by the court are as follows:
III First--The warrant OF the governor
M is prima facie valid, and in connec
Ns ton with the evidence before the gov
NJ ernor make a prima facie case.
III Second-The Indictment is properly
nj authenticated and establishes the fact
I'd that the relator stands charged with
" the commission of crime against the
al laws of the state of Iowa.
~ Third-That the warrant of the gov
"a ernor is not invalid because it fails
M to recite the findings of the jurisdic
# tional facts.
Fourth-The efilavit and copy OF
~ Shercliffe's evidence before the granc
"a jury are not competent evidence in
" this proceeding TO prove either OF the
# jurisdictional facts.
Nj Fifth-The statute of limitation has
81 no application where the parties ara
III fugitives from the justice of the
81 state.
al Sixth-The burden is upon the re
III lator to establish by clear and salts
n factory evidence that he was not If
n the state Of Iowa at or about the date
III of the alleged offense.
"a Seventn-The evidence and cir
q cumstances in evidence do not clearly
Il and satisfactorily shcw that the re
a latCr was not in the state of Iowa
Il on or about the Sth day OF November
VI 1882, the date Of the alleged offense
~ ,"he findings are:
II First-That there was a legal de
4 mand made by the governor Of lowe
upon the governor of Nebraska for the
I extraditiCn OF the relator III this case
Il Second-That the warrant Of ths
governor of Nebraska is sufficient lr
~ form and issued upon sufficient an
M competent proof before him, and tha'
s the relator is now held under saiQ
S warrant.
MI Third-From the facts proven upor
ssE the trial the relator has failed to es
Nj tablish that he was not in the state
Az of Iowa at or about the time OF the al
M legged crime.
III The writ of habeas corpus prayed
n Is therefore denied.
Dennison's attorneys ALLEGED insult
ficiency Of law, that the statute OF
/ limitation had run against the crime
and that Dennison was not in Iowa at
the time of the crime. In brief, the
court held that the statute OF limita.
ton had not run against the alleged
crime and that the warrant OF extra
dition issued by Governor Mickey
| was sufficient, although it did not re-
h cite the jurisdictional fact that Den
nison was a fugitive from justice.
me court held that the indictment
& charging Dennison with completely in
4 the crime, returned by the Harrison
Nv MI iY1rv
M erly authenticated and was a good
II basis for the extradition writ.
@ Omaha, July 4.-County Attorney
VA Fallon Of Harrison county, Iowa, dis.
S covered a few days ago that the
SF record of the evidence in the Scher.
M cliffe trial at Logan Iowa, in 1898,
n has been mysteriously destroyed. Mr..
Fallon was informed by one of the
jurors in the Schercliffe case that
4 Dennison had testified at the trial
/ that he was in Council Bluffs and was
preparing to go to Davenport, Iowa,
with Patsy Grant at the time of the
Pollock diamond robbery. Mr.. Fal.
/ Ion imm ediately made a search for
the record in the Schercliffe case, as
this testimony would have proved
that Dennison was in the state OF
Iowa. He found, however, that the
/ record has been burned.
Omaha, July 6.-The motion for
new trial in the Dennison case was
submitted in a formal manner, anc
without any arguments. The court
oyerruled the motion and the ina
4 Judgment of the court was at once
entered on the record Then the law
n yers for Dennison applied for su
~ persedeas giving the relator untn
next January in which to appeal te
VI the supreme court. The court grant
MI ed thirty days in which to file notice
of anpeal Denniscn's appeal bono
fixed at $4,000 as before, and was
ssss signed by A. B. Hunt, superintendent
of the Omaha Water company.
Easily Got Three Thousand.
a Is sSsssS MaGuoketa, July 6.-Using the name
&sof Alderman Lunger of Davenport
EgsSlasrnooth CRATER secured $4,000 from
iujTDminent real estate man CT this city
4 Ind has left for parts unknown. The
sS sgTafter bargained to buy the farm o.,
AsSP. Gish at Lost Nation. While the
NJ ABSTRACT was being made out ne
u forged a deed and the abstract came
I'm aauoketa and borrowed the 3d.
MOO. He claimed to be Alderman
Hunger of Davenport.
q S stabbed by a t7-Year.OId Boy.
What Cheer, July 6.--Tuge Tins
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