The Montgomery advertiser., 1907-06-09
C0UGHLN RELEASED
CHANCELLOR DECIDES Hn Is HELD
 IMPROPERLY.
No One Heang rPesent to Represent state of Illinois Chicago Man Arrested In Mobile
 Goes Free.

| = state ef ulinois Chicago Man Arrested In Mobile Goes Free.
 Mobile. Juno s.--(SpeciaI. )--At the nearing of the habeas corpus proceed
 man who has been detained at police headquarters for the last two days, charged with being fugitive from Justice In Chicago, which hearing took place today at 10 o'clock. Chancellor smith granted the writ and Coughiin was discharged
 State Solicitor webb immediately af- ter granting of the writ. gave notice Of an appeal from Chancellor Smiths decision, hoping thus to be able to hold Coughlfn until the Chicago detective. who left that city for. Mobile Friday morning. could arrive. After . thor ough investigation of the law in the case, however. Chancellor Smith decid- ed that there could be no appeal in the
 case as there was no one present who could legally take this appeal, and Couehlin was again ordered released. This was done and the man who is said to have figufed in the murder of pr. Cronin in Chicago several years aro. and later to have forfeited s20.- 900 bond. under which he was placed on the charge of jury br.hing, left
  attorney, Hon. B. M. Robinson. The contention of Coughlin's attor- news was not that their client was not Coue1lfn. In fact the question of whether or not the man in custody was the one wanted In Chicago was not raised during the hearing The sole contsntions of Attorney Robinson was that his client was being illegally held by the police.
 When the hearing of the case be- gun. Chancellor Smith called Tor the return of Chief of Police Rondeau Tn answer to the habeas corpus writ state Solicitor webb had not. at this time. out hearing the return of the Chief, Alt torney Robinson began his argument.
 Special Onicer Burch. who swore out the warrant, was called to the witness stand. The warrant charging the pris- oner with being a fugitive from Jus- tice was read and the officers requested to state whether or not he could state of his own knowiedge that the ,aoss as set forth in the warrant were true. to which the officer replied that he could not, stating that the warrant had been sworn out on information received from Chief Rondeau, and at the request of the latter officer.
 Attorney Robinson then began his ar- gument by stating that the warrant on
 
 as the officer who swore out the war rant did not know that the allegations contained in the warrant were true.
 The attorney read several decisions by the Supreme Courts of different States in which decisions it was held that in order for man charged with being fugitive from justice to be legally de- tained in a State other than the one In which the alleged crime was com mitted. it is necessary for a demand to be made by the Governor of the State where the crime is supposed to have been committed. for the deten- tion of the prisoner: and that it Is also necessary to prove that there Is an indictment for the detained person in to have taken place. and, further, that 1t must be proven that the prisoner Is or has been a resident of the State.
 The attorney further said he intend- ed to prove that his client Is and has
 been for number of years a resident of Puerto cortez. Honduras.
 Solicitor Webb appeared in court
 while Attorney Robinson was making
 his argument. at the close of which the Solicitor stated that he wished to read a demurrer to the writ filed by Attor- ney Robinson Chancellor Smith stated that it would be irregular to allow the demurrer to be read after the argu- merft of the case was begun. but ai- lowed Attorney Robinson to decide whether or not the demurrer should
 be admitted. This the attorney deciin- ed to allow.
 The return of Chief Rondeau in an- swer to the writ was read, however. In this 1t was alleged that the prisoner was being held on two charges. one a city charge of dangerous and suspi- cious; the other. State charge of be- ing a fugitive from justice.
 Chief Rondeau was then asked to take the stand and was questioned by the attorney for plaintiff as to the information on which the warrant on which defendant was arrested were sworn out. The Chief stated that the warrants were sworn out on informa- ton received from several persons in the city. who identified defendant as a man wanted In Chicago as an escane from justice. and on request from the Chief of Police of the latter city. Attorney Robinson asked that his client be discharged on the ground that he was being illegally held. with out proper authority.
 Solicitor Webb argued that Chancei- Tor Smith had no authority to discharge the defendant, as his case was 'n an- other court which within the bounds of tts Jurisdiction, is as powerful as the Court of Chancery. and that the latter court has no right to oust an-
 other court of it's authority to try the
 cases until -he cases have been dis posed of.
 Chancellor Smith, however, held that the Recorders Court could acquire no Jurisdiction in the cases on such war rants as have been issued In these eases, and ordered the prisoner re- leased
 solicseor Webb immediately rave mo- t;ce of an appeal from the decision of the court. Chancellor Smith admitting that this was the Solicitors privilege. After the matter had been argued at length. however. it was decided by
 Chancellor Smith that no anpeal could
 be made in the case. as the proper perR xuaro ,nf prasaUf fo make the Ar~