Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1904-07-08
DOURT DECIDES
AGAINST DENN|s0N
|ecrees That He Must Go to
Il Iowa and Answer to
the Charge.
COURT DECISION A SURPRISE
Dennison viii Appeal the Case to
the Supreme Court for Final De.
cision on the Part Of the Body -
d Will Be Hard Fought Legal Battle

ESS Omaha, Neb., July 3.-Tom DENIM.
aNson's application for writ OF habeas
II acorpus has been denied by the district
sss court. The attorneys have taken ex'
s ceptions to the findings of the court
Sand given notice that they will move
SSSssfor a new trial next Tuesday, and In
1.-THE meanwhile the nnal order of the
Ss court will not be entered and Gov
as ernor Mickey's warrant Of extradi
# ton will be held in obeyance.
SA Attorneys for the Civic Federation
Ss& stated in court yesterday they would
@ give reasonable time to the attorneys
M for Dennison to make their record
81 upon which to carry the case to the
# supreme court.
~ Court Room No. l was crowded
~ when Judges Day, Iroup and Redick
NJ read their findings in the habeas cor.
N pus case, in which all three of the
~ jurisls concurred, although they read
% sepa rate opinions. The conclusions
NJ reached by the court are as follows:
N First-The warrant of the governor
MI is prima facie valid and in connec
# ton with the evidence before the gov
N ernor make prima face case.
Second-The indictment is properly
& authenticated and establishes the fact
N that the relator stands charged with
n the commission of a crime against the
Il laws of the state of Iowa.
N Third-That the warrant of the gov
ernor is not invalid because it fails
II to recite the findings of the jurisdic
NJ tional facts.
NJ Fourth-The efilavit and copy OF
"A Shercliffe's evidence before the Crane
III jury are not competent evidence in
u this proceeding 10 prove either OF the
n jurisdictional facts.
III Fifth-The statute of limitation has
n no application where the parties are
81 fugitives from the justice Of the
NJ state. -.
ID Sixth-The burden is upon the re
VI lator to establish by clear and salts
81 factory evidence that he was not If
n the state Of Iowa at or about the date
& of the alleged offense. N.g....-H
Seventn-The evidence and cir
4 cumstances in evidence 90 not clearly
Il and satisfactorily shcw that the re
q later was not in the state of Iowa
# on or about the Sth day OF November
N 1882, the date Of the alleged offense
q The findings are:
First-That there was legal de
1 mand made by the governor OF lowe
upon the governor of Nebraska for the
extradition Of the relator III this case
Second-That the warrant Of thu
governor of Nebraska is sufficient ir
~ form and issued upon sufficient an
81 competent proof before him, and tha'
M the relator is now held under saio
M warrant.
3 Third-From the facts proven upor
s the trial the relator has failed to es
III tablish that he was not in the state
Ell of Iowa at or about the time of the al
n legged crime.
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-
cite the jurisdictional fact that Den
nison was fugitive from justice.
me court held that the indictment
| charging Dennson with completely in
the crime, returned by the Harrison
county Iowa, grand jury, was prop.
4 erly authenticated and was a good
d basis for the extradition writ.
Omaha, July 4.-County Attorney
M Fallon of Harrison county, Iowa, dis.
sN covered few days ago that the
VI record of the evidence in the Scher-
M cliffe trial at Logan, Iowa, in 1898,
has been mysteriously destroyed. Mr..
Fallon was informed by one of the
u jurors in the Schercliffe case that
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
I new triaI in the Dennison case was
submitted in formal manner, anG
without any arguments The court
i oyerruled the motion and the fina
\ Judgment of the court was at once
4 entered on the record. Then the law
IL yers for Dennison applied for su
Al persedeas giving the relator untn
Ss next January in which to appeal nc
1.-THE supreme court. The court grant
SgE ed thirty days in which to file notice
sB5sof appeal. Dennison's appeal bono
fixed at $4,000 as before, and was
ssigned by A. B. Hunt, superintendent
I9Ss#cf the Omaha Water company