Evening journal., 1905-06-21
Chief Justice Lore De-
MED Application for a
Writ Of Habeas Corpus
and the Accused We're
Turned Over to Chester
County Authorities
Counsel for the Negroes
Made a Strong Fight
for Their Release, But
to No AvaiI-Hearing
Held in County Court
Room

Chief Justice Charles b. Lore IN tho
county court room this afternoon gave n
hearing in the application FOR a writ or
habeas corpus IN the case Of Jack Far
rell, the colored pugilist, and Charles
Hood. also colorod, both OF this city, who
are wanted by the authorities of Chester
county Pa. They are charged with selling
liquors without license and with con-
ducting a gaming table near "a campmeet-
ing in the vicinity Of West Chester.
j. Frank Boz rcpRsented Farrell ana
Jame- Salisbury was counsel for Hood.
After an extended hearing the Chief
Justice denied the Writ and this after-
noon the accused were taken TO West
Chester by Chief OF Police Jenries Of thah
I place, TO stand trail
When the hearing began Attorney Gem
cral Robert II. RicAqrds appeared for tha
State Of Delaware. Chief OF Police JEFF
fries OF West Chester was also present.
Ex-Iudge Ban asked for the release OF
Farrell on the ground that the warrant
aid not charge him with crime. He read
the warrant which charges the two mem
with selling liquor without q license. He
said that this is not recognized in any
State as crime, but that selling intoxi-
eating liquors without license Is a.
crime. Mr. Bal stated that this was his
only ground for asking Tor the release OF
, his clinnt
SECRETARY CAHAI.I. a WITNESS
Secretary of tsate cahall was called by
Attorney-Generai Richards TO prove tho
existence of reduisition papers for the
two men which were made out by Cover
nor FennyoaoiSer OF Pennsyivania and
honored by Governor Lea
Attorncy-General Richards read from
the rcquisition papers that Farrell and
Hood had sold liquor without a license
and operated a gambling device. He claim
ed that selling liquor without a license
is a crime In Pennsylvania.
Ex-Judge Ball quoted authorities bear
Il ing cut his contention. lie also claimed
5 that It must be shown that the defend
4 ants are fugitves from justice. which no
+ said had not been done.
Chief Justice Lore stated that the Cow
ernor of Pennsylvania set out in tho
papers that the onense was crime and
therefore the burden OF proving that IL
!, was not crime was on the defendants.
Mr.. Iiall argued that It had not been
d IAWN'N .AiAAN AN' AA'iA WtIt AhbAilNtrf .nul
! the chief Justice thought il was sufficient.
r ~ proven.
e Mr.. Ban asked the attorney-general II
s he had closed his case and when the lat.
s ter said that nc had Mr. Ball replleI
Then we move for the release Of thess
men because they have not been identi.
I fed"
l Il am not here 70 play marbles or trih.
with the court remarked Mr.. Richards
A. Il asked Mr.. Ball If he had any other OBJ
/. jections and he said he had not
p Mr.. BAN remarked that he could moi
v make the objection until he learned
/, whether or not the prisoners we're 60
n ing 10 be identified.
Chief Justice Lore Thought they hae
j. been sufficiently identified and said n,
r. would dismiss thelpetition for a writ o.
habeas corpus. HeNalso refused to ALLOW
an appeal. ~