The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-21
KIDNAPPED, He SAYS;
ILLEGALLY CONF |NED
Downfall of Mcintyre Attributed
to Temper and Drink-His
p Criminal Record. ..,-t
Special to The Journal.

Special to The Journal
Lincoln, Neb., Oct. eo.--A gray
haired convict made an eloquent plea
before the Nebraska supreme court this
week for his own release from the state
penitentiary: His name is Philip Nc
Intyre and he is the first convict in the
west to express desire to act as his
own lawyer. He is serving a sentence
of three years for forging a check for
$3.50 and cashing it at the :Chadron
First National bank. The fraudulent
check was Endorsed by Captain Allen G..
Fisher, with whom Mcintyre had struck
up a casual acquaintance some years
before in Wyoming. The prisoner, was
brought to the Nebraska penitentiary
last March, having been arrested lmme-
diately upon his release from the prison
at Richmond, Va, where he had served
q year for forgery.
A regular pleading was filed several
weeks ago by Mcintyre in the supreme
court seeking to secure his release, and
he asked permission to appear before 1t
in person. The court issued an order
to Warden Beemer to produce the prls-
oner for a hearing. The exact point
which Mcintyre has raised is not COW
cred by any known decision, and it IS
possible that the case will be brought
before the United States supreme court.
is beaten in Nebraska. He contends
that he is held here without due pro-
cess Of law and that the manner in
which he was delivered to the Nebras-
ka authorities was in legal effect equiv.
alent to kidnapping. He insists that
the warrant under which the Virginia
authorities turned him over was not
issued under the great seal of that state
and that this irregularity makes his I'M
prisonment here illegal. ....-
Killed Brother Lawyer.
Mcintyre, who is 65 years of age, is
= brilliant conversationalist whose
equal in repartee is hard to find. He
has an excellent education, is fine lin
guist and has a remarkable memory, be-:
ing able to quote every line of Burns ;
poems, all of SCOTS "Lady of the
LaLs'' and many other English lyric
poems. He was born in southern Texas
and when the civil war began entered
the confederate army, where he became
noted for his nerve and daring bravery.
: After the war he settled as lawyer
In Ell Paso, Tex, and it is there that
the best work of his life was done. He
was elected district attorney and held
the position for many years. Later he
received an appointment in the legal de-
partment of the United States for the
Texas jurisdiction But one day Nc
Intyre and fellow lawyer. as hot
headed as himself, got into dispute in
the courtroom, and before the quarrel
was over Mcintyre had killed his oppo-
nent.
He was acquitted Of murder after a
long trial, but he found he was no long
er popular in the community and that
his former friends avoided him. He
took to drink for consolation. Finally,
because of his fluent Spanish he secured
an appointment under the provisiona!
United States government in the Phil.
ippines. In 1900 he returned home,
and for more than three years lived as
a respectable lawyer in Tennessee,
where All old army comrade was chief
Justice of the supreme court.
IA Throws Honor to the Dogs.
i In 1904 Mcintyre left Tennessee and
embarked on genuine confidence tour
passed forged checks at at least four.
teen banks in the United States and
Mexico, his last feat being the obtain,
ing of $1,000 en- bogus paper at the
American bank in Mexico City. After
that he took a boat for cuba, but
Havana was under yellowfever quaran
tine and the steamer changed it's course
and sailed for New York city.
On the way up it stopped at Nor.
folk, Va, to coal up, and while there
Mcintyre persuaded bank cashier
who had never seen him before to ad
vance him $3.50 on forged check
When the steamer reached New York
Mcintyre was arrested at the dock on
two complaints, one from Norfolk, and
the other from Mexico City. BY his
syomestic law he managed to wriggle
out of the Mexico affair, but he Was
forced to 60 to Virginia, and served q