Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-05-24
While Omaha Gambler Reiter.
ates Intention of Coming to
Iowa No One Believes
liz WILL OPPOSE REouIslTIoN
Lawyer. Politician Said to be Coming
In Force to Prevent Issuance of Pap
ers - Viii Base Their Arguments on
the Decision in the Dye Case From
Boone.
Special to mes-Republican.


Des Moines. May a4.-While the
statement that Tom Dennison, OF
Omaha, would not resist extradltion
has been reiterated within the last
twenty four hours, there is general
belief that when the request for a
reuuisition on the governor of Nebras-
ka is made to Governor Cummins 1t Will
be met with objection from Dennison'
attorneys and that they will fight lssu-
ance of the papers with all the power
lAl their command.
Intimation has reached the governor s
office here, as at Lincoln, that the
greatest politicians of Omaha,
Council Bluffs, Logan, Lincoln and Des
Moines have been retaine dto assist
pennison and are already actively en-
gagged laying plans to prevent extradi-
Gion. The point will assuredly be raised
that Dennison can not be extradited on
the robbery charge, as 1t is not claimed
he entered this state IN his alleged ca
racity as an accomplice. Not having
been here he Is not a fugitive and can
not be extradited by Governor Mickey
even should he desire. Should the gov
ernor Issue extradition papers on that
ground. Dennisons lawyers will apply
for a writ of habeas corpus in the
Omaha court and will undoubtedly OBJ
tain his release by order Of court.
In the first place, 1t is supposed that
the representatives of Dennison will in
sist that the case is identical with that
cf Mrs. Dye. OF Boone, and that the
governor OF Iowa has no legal authority
To demand the return of Dennison to
s4iis state, for the reason that he is not
d fugitive from justice. While he has
been indicted on a charge of completely
In the robbery for which Shercliffe is
4 doing time and on charge Of receiving
stolen goods, consisting of the dia-
monds which Shercliffe was convicted
OF stealing. it is supposed among the
Iowa authorities that he will deny that
{ he ever was In Iowa on either of these
MISSIONS.
OF course 1t will be up to the author
tiles OF Harrison county to show that
while In Iowa he made the arrangement
with Shercliffe to rob the diamond
dealer. or that he personally particle
pated in the robbery with Shercliffe, or
that he personally returned to Iowa to
1 secure the stolen goods. If one Of these
s things can be shown the case will be
an ordinary one Of a fugitive from JUS
sstice
II the Harrison county authorities
can not show Dennison's presence In
Y the state during the making OF the ar
rangements for the robbery. during the
commission of the crime itself or dur
ing the recovery of the diamonds from
their hiding place where lett by Sher-
cliffe, the case will be identical with the
Dye case, and under the decision of the
I executive office in that matter it would
appear impossible to requisition Ne
j braska to deliver up Dennison.
To legalize requisition proceeding,
the person sought must be fugitive
from justice. Mrs. DYES requisition by
South Dakota was denied because she
was In Iowa and not In South Dakota
when the crime was committed.
From Logan 1t was learned today
that the hope that Dennison might re-
pent and surrender himself there at the
last moment had not been realized.
FDennison has elected to remain at
Omaha and to employ attorneys to fight
the case. 1t will be a hard fought legal
contest. according to the opinion of the
persons in the best position to judge,
and the trial may have big effect po-
iitically, owing to the possible develop
ments in the matter OF Dennison's
claim as to how Shercliffe's parole was
obtained,