Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-12-15
TOM DENN|S0N
SURRENDERS
Ends the Search of Marshal
Christian to Arrest
Him.
HE LOSES IN LEGAL BATTLE
Supreme Court Quashes Habeas
Corpus Authorization of Governor
Mickey and Lower Court is Given
Sanction of High Tribunal.

Omaha, Neb., Dec. 8.-Tom Denni-
tradition to Harrison county, Iowa,
| where he is under indictment for CON-
| plicity in the Pollock diamond rob-
berry, met final rebuff late yesterday
afternoon, when the supreme court of
Nebraska handed down a decision in
his habeas corpus proceedings, con-
firming 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 a sub
stantial charge had been made against
Dennison and that it was not his duty
to review the evidence. The court
holds further that Dennison did not
prove conclusively that he was not in
Iowa after the robbery.
The court finds that it Is not neces-
sary for an extradition warrant to
contain the express statement that
the governor has found that the &C.
cused is fugitive from justice, but
that the fact of the issuing Of the war
rant made upon that ground Is sufh-
cient to justify the presumption that
the governor so found until that pre-
sumption Is overthrow by proof to
the contrary.
When requisition is made upon the
governor of this state he must de.
termine: Whether the person demand
ed is substantially charged with
crime against the laws OF the state
from whose justice it is alleged he has
fed, by an indictment or affidavit
properly certified; second. is he
fugitive from justice from the state
demanding him? When 1t is made
substantially to appear to the court
in habeas corpus proceedings upon
what showing the governor acted, 1t
becomes a question of law for the
court to determine WHISTLER or not the
accused has been substantially
charged with crime against the de-
handing state.
In determining whether the evil
dence before the court below was
sufficient to support the judgment,
this court will not regard errors OF the
trial court in admitting incompetent
evidence if it appears from the whole
record that, upon the evidence con-
oeded to be competent no other con-
clusion could be reached by. the trial
court.
Omaha, Neb, Dec. S.-Tom Dennison
walked into the sheriff's office n-the
court house about $50 last night and
gave himself up He was accom-
panied by Ed. P. Smith. one Of his at
torneys. A few minutes later United
States Marshal Christian of Iowa, and
Deputy Marshal Allan of Omaha. who
had been searching for Dennison in
Omaha all the evening, went to the
fail, where the warrant was read to
Dennison. The warrant was the one
issued by Governor Mickey on June
3 last. Dennison listened attentively
and with a smile remarked: II think
I have heard that warrant before"
Dennison was not detained in Gus
tody, having been released under the
$4,000 bond given for his appearance.
Lincoln, Neb. Dec. 9.-The supreme
court last evening issued new man.
date in the case of Thomas Dennison
of Omaha 1t orders the rearrest OF
Dennison and his detention until such
time as he has perfected an applica-
ton for a rehearing in the state SUI
preme court or has appealed his case
to the United States supreme court.
In the meantime the officers at Omaha
are charged not to accept bail from
Dennison until further orders from
the court; and on the other hand the
mandate of Wednesday is changed SO
that officers from Iowa are barred for
the present from taking him to that