Los Angeles herald., 1907-08-31
JUDGE DENIES WRITS
OF HABEAS CORPUS.
WILBUR HOLDS COURT HAS NO
JURISDICTION
Efforts Of RevoIutIonIsts to Gain Lib
erty Are Unsuccessful and
Gases VIII Be Heard by
Police Justice

The Mexican revoutlonists who have
been seeking wrts of habeas corpus for
the past few days, are still in the city
Jail, where they were remanded yesterday
by order of Judge Wilbur, department s
of the superior court, before whom the
hearing of the case took place.
About $50 yesterday afternoon the argu-
ments of the attorneys representing both
sides of the case were concluded, and an
opinion was rendered by the court in
which Judge Wilbur stated he had no jur-
isdiction over the matter.
Although this first phase of their fight
for liberty has been frustrated and APP
parently defeated, the prisoners are still
confident the police will be unable to sus"
tain the accusations with which they are
charged and thus they may be able to
gain their liberty at any time. Failing In
this, and should the revolutionists be
bound over to the superior court, there
is still hope of their release.
But should the superior court likewise
confirm the attitude of the police court.
and the governor, following in the wake
of the superior court issue orders for
their deportation to Mexico, the attor-
neys for the defense will carry the mat
ter to the appellate court.
Three Reasons for Denial
The main cause for the denial of the
petitions for writs of habeas corpus yes
terday were of a threefold nature. First,
no allegation of the charges which are
counted against the men are stated in the
complaint, which is necessary If a super
Tor court is to take action. Then again,
it has not been officially determined
whether they are fugitives.
Tn fha caea Of ihrera If was Dleaded
tnat the arrestlng officer whom he is al
legged to have resisted had no warrants
or was not fully instructed so as to give
him authority to make the arrest. In
cases where the arresting officer fails to
identify his authority the law states that
he may be resisted as any other person.
1t was not proved by the prosecution
that the libel of Villareall and Magon
was actually committed while the two
were In ST. Louis, and until this is proved
as we'll as all the other phases of an
accusatory nature determined, the case,
as far as the superior court is concerned,
remains in statu quo. The case will now
be taken up exclusively by the police
court, and If the crimes with which the
prisoners are charged are not proved
against them they will go free without
any application of writs for habeas cor
pus to the superior court.
Friends Greet Prisoners
In case the police court should turn
the matter over to the higher court then
procedure in the case would go on as be-
fore cited.
The superior court had no line of action
to guide it. Such Is the view taken by
Attorneys A. r. Holston and ]. Hartman,
who are defending the case.
When the order of the court was inter-
preted to the prisoners their evident dis
satisfaction was traceable in every Inca
ment OF their features. Their faces grew
sullen in expression and they had moth !
ing to say when they were led hand |
cuffed to each other from the courthouse.
Outside the same crowd as on previous
occasions waited the advent of the pris-
oners on the courthouse steps This
time, however no loud shouts rent the
air. Everything was quiet, in harmony
with the feelings of the revolutionistS.