The San Francisco call., 1904-12-16
LETCHER WRIT
NOT GRANTED
Judge Cook Finally Holds
Governors Warrant of
Rendition Correctly Issued
MUST Go BACK TO OHIO
Notice Is Given That the
Case Will Now Be Carried
Before the Supreme Court
MUST GO BACK TO OHIO

Judge Cook has decided that George
E. Letcher of San Jose must go to Ohio
to answer the charge that he commit
ted arson in that State on January l.
1881. The case has been taken before
the Supreme Court for final Judgment
When the application for the writ of
habeas corpus for Letcher's discharge
came up before Judge Cook yesterday
the court held that 10 proof had been
offered to him that the statutes OF Ohio
laid before him were the statutes of
Ohio or had been accepted in the courts
of that State. That proof may have
been offered to the Governor before he
. issued his warrant, but il had not been
offered TO the court. He could only act
therefore in accordance with the rule
laid down by the Supreme Court that
where no proof is offered OF the laws of
another State they will be presumed
to be the same as the laws of this
State.
Attorney C. c. Nagle offered in evil
dence the statutes of the State of Ohio.
Il am not an attorney in this case,"
said the Judge, 'and it is not for me to
direct the attorney on either side. If
counsel on each side will admit that
these are the statutes l am prepared to
decide the. case. Under the laws of this
State there is no statute that would
meet this Indictment"
Nagle called Garrett Fox, the officer
| from Ohio, who came to take Letcher
back to the stand, but after question
ing him he could not throw any definite
light on the matter of the statutes.
Nagle looked puzzled and the Judge
said there was only one way under the
code to offer proof as to statutes.
Finally in desperation he said that the
statutes offered were aueged to have
been printed in 1890, several years after
the date of the alleged crime. What he
wanted was the statues prior to 1881.
He gave Nagle till o'clock in the
afternoon to get his proof At that
hour Nagle offered the statutes of 1880,
which were certified to as correct by
the Secretary of State.
The Judge held that the proof was
sufficient. Then in an elaborate opin-
ion he held that all the requirements
had been complied with by the Gov
ernor OF Ohio and that the warrant of
rendition by Governor Pardee was cor
rectly issued. The prisoner was ordered
remanded to be taken to the State of
Ohio.
Petition for a writ of habeas cor
pus was filed with the State Supreme
Court yesterday afternoon. Attorneys
d. w. Burchard, Samuel Tompkins
and John B. Kerwin appeared for the
petitioner. The writ is returnable this
morning at 10 o'clock. The petitioner
sets forth that the requisition for his
removal to Ohio was not in proper
legal form and was not accompanied
! by an affidavit specifying the crime
and showing that he had ever fled
from the State of Ohio. Section e5
of the Revised Statutes of Ohio shows
that the Governor shall send sworn
evidence to the Governor of another
State when requisition is demanded
The certificate of the Governor is said
to recite i'that it is represented to me
that George Z. Letcher is a fugitive
from justice" Attention is called to
the law that requires that the Cover
nor of a State issuing a warrant must
have before him a certif1edlcopy of the
| indictment detailing the crime COM
mitted. Mrs. Letcher accompanied
her husband to the court and was
much overcome by the nervous strain
to which she was subjected during the
presenting of the petition.