Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-08
The Omaha Policy King Sub
mits to Arrest When Court
Decides Against Him.
IS AGAIN ADMITTED TO BAIL
He Will Have Forty Days in Which to
Appeal the Case to the United State.
Supreme Court, But the Prospects
are He Will be Brought to Iowa for
Trial.

Omaha, Neb., Dec. 8.-Tom Dennison
walked into the sheriff's office in the
court house about $3.50 last night and
gave himself up. He was accompanied
by Ed. P. Smith, one of his attorneys.
A few minutes later United States
Marshal Christian Of Iowa and Deputy
Marshal Allan Of Omaha, who had been
searching for Dennison all the evening
went to the Jail, where the warrant
was read to Denmson. The warrant
was the one issued by Governor Mick
ey on June 3, last. Dennison listened
attentively and with a smile remark
ed: Il think / have heard that war
rant before"
Dennison will appear in district court
this morning, when 1t is believed the
mandate will have been received from
Lincoln. A bond will probably be Offer
ed at that time and motion for appeal
made.
1t is understood to be the intention of
Mr.. Dennison's attorneys to take the
case to the supreme court Of the United
States. In the absence from the city OF
w. j. Connell, Mr.. Smith who had not
yet even seen the mandate Of the Me-
braska court. was not ready te, make a
definite announcement of future plans.
Marshal Christian stated last night
that Dennison was allowed forty days
In which to file an appeal, and he was
therefore not at liberty to take. him In
to Iowa at present.
Dennison is not detained in custody
having been released under the $4,000
bond given for his appearance.
Omaha. Neb., Dec. s.-Ton1 Denni-
sons desperate efforts to escape extra
dition to Harrison county. Iowa. where
he is under indictment for completely
in the Pollock diamond robbery, met a
final rebuff when the supreme court Of
Nebraska handed down decision in
his habeas corpus proceedings, confirm
ing the decision Of the lower court.
In lengthy opinion by Judge Sedg-.
wick the action Of Governor Mickey
and the lower court is affirmed. The
court holds that it was the duty OF the
governor to investigate whether sub
stantfal charge had been male against
Dennison and that 1t was not his duty
to review the evidence. The court
holds further that Dennison did not
prove conclusively>t that he was not in
Iowa after the robbery.
The court finds that 1t IL not neces.
sary for an extradition warrant to
contain the express statement that the
governor has found that the accused is
a fugitive from Justice, but that the
TACT OF the issuing Of the warrant made
upon that ground SO found until that
presumption Is overthrown by proof to
the contrary.
When requisition is made upon the
governor of this state he must deter
mine: Whether the person demanded
is substantially charged with a crime
against the laws Of the state from
whose justice 1t Is alleged he has fled,
by an indictment or affidavit properly
certified; second. is he fugitive from
Justice from the state demanding him :?
When 1t Is made substantially to APP
pear to the court in habeas corpus pro-
ced1ngs upon what showing the gov
ernor acted, 1t becomes a question Of
law for the court to determine whether
or not the accused has been substan-
TALLY charged with crime against the
demanding state.
In determining whether the evidence
before the court below was sufficient to
support the Judgment, this court will
not regard errors of the trial court in
admitting incompetent evidence IL It
appears from the whole record that.
upon the evidence conceded to be COM
petent no other conclusion could be
reached by the trial court,