Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-04-19
HABEAS CORPUS WRIT
Is Denied To Arthur E. Appleyard To
Prevent Extradton Proceedings.

Boston, April 49, Justice Mort on of
the Massachusetts supreme court. to-
day. denied the petition OF Arthur f.
ApDleyard for a writ Of habeas corpus
which was asked for in order to pre-
vent Tie operation of the eXtraditiOn
of Anpley3rd to the state of New York.
which had been ordered by Coy. Will
liam Dougi"s. Mr.. Appleyard has been
indicted by Il New York grand jury on
he Ch:irge of grand larceny from the
German Eank Of Buffalo. The court or
d"re1 that Appleyard be turned over
to the custody of Deputy Rhoades Of
the state police. Attorney Fred H.
Williams. counsel for the defendant.
SAID he intended to transfer his efforts
to proven, extrahition to the United
States court ana asked that a writ of
habcas corpus he issued by that court.
In denying the petition Judge Nor
ton said that he had been asked to
rule on two points. which We're that
there was 10 evidence that TIM crime
had been committed IN New York. and
that the petitioner had no knowledge
that ii crime had been committed and
therefore could not be "A fugitive from
Justice. He could not rule that way.
the justice said. He pointed out that
the evidence on which the eXtradition
had been granted WAS duly considered
by tho GOV ernOr. with The advice of the
attorney general. Judge Morton ruled
tnat il Was not necessary to conSti-
tute q fugitive from Justice that he
should have conscientiOusly fed from
jlstice. Whether or not the transaction
in New York WAS Il crime could not b."
considered at the hearing. he said.
III testimony offered here should
have been admitted" Judge Morton
concluded. ''then | should find on the
whole case that there was evidence be-
fore the governor which warranted the
finding that the petitioner WIS a fugi-
tive from justice and that he was i'll
New FORK on the day of the commission
of the alleged offense. The result is
tEat the petitioner is renanded to the
custody Of the state officers. to be dealt
with as in the mandate which is in the
warrant.
At the conclusion of the supreme
court proceedings Appleyard WAS for
nally given in charge of Deputy
Rho",les and that officer removed the
defendant to the State House ana to
Tie office of the state police. Under the
ruling of the court. Applcyard WAS to
be held by the police until the arrived
Of the Buffalo authorities. Meantime.
Attorney Williams hurried to the cir
cult court to secure intervention If pos
sible from that tribunal.
Al the circuit court. Attorney Will
Jams filed II formal petition for Il writ
Of habeas corpus. He argued before
Judg" Lowell that Appleyard was not
Il fugitive from Justice, as Gov.
Douglas lad held. The court issued 1
writ returnable this afternoon when Il
hearing was to be held upon the pc
tition.
The application was heard by Judge
Lowell and was the first case to come
before him since he became q member
of the circuit court. Mr.. Williams APP
pearcd for the petitioner and Assistant
Attorney General De Goosh for tn"
con4monv ealth. Counsel argued until
nearly o'clock. on the question or
jurisdiction. After a recess to permit
Judge Lowell to attend q funeral. ar
suments were resumed, late this after
noon.
Judge Lowell decided that the court
had jurisdiction in the case and cOun-
sci then submitted remarks on the
main point at issue. Attorney Williams
cont"ndcd that Appleyard was not Il
fugitive from justice. us claimed ID!
he New York authorities and made an
argument similar to that before the
supreme court. His position was on
posed by Mr.. De Goosh. Judge. Lower
took the case under advisement.