The San Francisco call., 1908-05-15
MAKES NEW CHARGE
AGAINST FULLERTON
New York Detective Swears Out
Second Warrant, Alleging
Prisoner Is Fugitive
Judge Seawell Hears Arguments
on ExtraditiOn and Millionaire
Father Will Fight

To protect himself against an adverse
decision by the court. Detective Nor
man ]. Fitzsimmons of New York swore
out a second warrant against Robert w.
Fullerton, son of the st. Louis million
aire lumberman. who is wanted in New
York on the charge of abduction.
The second warrant accused Fuller
ton with being a fugitive from justice
and was sworn out as a precautionary
measure in case the habeas corpus pro-
ceedings instituted by the attorneys for
Fullerton should hold good. If Judge
Seawell decides that there is a
flaw in the extradition papers and or
ders Fullerton to be released he will
be Immediately arrested on the second
warrant sworn out before Judge Short
all and an effort made to obtain the
necessary extradition papers from the
governor of this state. While this is
being done second set of papers, cor
recting whatever flaws there may exist
in the present set, will be prepared
These developments in the Fullerton
case yesterday indicated that the deter
mination of the authorities of New
York to take him back for trial is equal
to that of the attorneys for the defense
to have him released in this state.
LONG FIGHT IN COURT
The arguments in the habeas corpus
proceedings were lengthy and technical.
Attorney Peter F. Dunno for the de-
fense attacked the validity of the ar
rest on every possible ground. His
main argument, however. was to the
O. that randifinn sign cd
by the executive authorities at Wash
ington, where Fullerton was arrested,
gave the detectives only sufficient
power to take him to the limits of that
state and that when they had passed
beyond them the papers became invalid.
A further contention was that inasmuch
as the extradition papers had been
signed by the lieutenant governor it
was necessary for the prosecution to
prove that the governor of Washington
was then out of the state.
The prosecution responded to the first
argument by declaring that, while ad-
mftting that the executive department
of the state of Washington could only
empower the detectives to escort their
prisoner to the stae limits, the federal
statutes allowed them to traverse
other states without interference.
Basing his argument on this ground
Assistant District Attorney Hon Cook
declared that fnasmuch as the state of
Washington had been satisfied with the
validity of the warrants and had given
the proper rendition papers, the courts
of California could not interfere.
RESUME CASE MONDAY
Judge SeawelI took the case under
advisement and will probably hand
down decision next Monday morning,
at which time the attorneys will sub
nit their authorities.
1t is evident that the case is to be
fought hard and st. Louis dispatches
show that the boys father has no in
tention of giving in.
1T is palpable,' said he, that my son
is a victim of a scheme to extort money
from me and from him. I will spend
my fortune if necessary and fight this
through every court in the United
States, but 1 will never have the mat
ter squelched by paying any extortion.
have never heard of any promise of
marriage, but 1 have heard of requests
for money. If necessary 1 will go to
New York and show just who is engi-
neering this scheme. advised my son
to pay no money, but to fight the case
to a standstill. He took my advice"
II young Fullerton is not released on
the habeas corpus proceedings it is
probable that Fullerton pere will come
to San Francisco to meet his son and
accompany him TO New York.