Waterbury evening Democrat. [volume] (Waterbury [Connecticut]) 1903-1917, 1908-04-14
WALKER CAN FIGHT YEARS.
Depends on How His Funds Hold Out
Rights Under Amparo.

Already defeated time or two, w.
Il. Walker, the alleged embez2ler OF
some half a million or more of 1he
funds of the Savings Bank Of New
Britain, and some other trust FUNDS
as well, seems quite willing to re-
main behind the adobe walls OF the
Ensenada cuartel rather than race
the accusation in the state OF Con-
necticut, says the Hartford CGuranS.
AS foretold in these dispatches
some months or so ago, Walkers at
torney F. P Ramirez has sued out a
writ of amparo, which in this coun-
try would be called writ of nabeas
corpus.
An Interpretation Of the Mexican
wording of the law says that the
writ of amparo is writ OF protec-
ton from the federal authorizes
lust as in this country the writ OF
habeas corpus is most frequently
used as writ of protection from the
authority of the officers of the county:
state or nation. The writ of habeas
corpus is a command from court OF
competent authority, directed to the
chief of police, the sherlf or the
prison superintendent, ordering him
to "have the body" of the prisoner
before the court at a certain hour
and then and there show cause for
keeping him in calaboose, jail or
prison; SO the writ of amparo is is
sued by the district court of the upper
district of Lower California directing
the keeper of the Ensenada Quartet to
show cause why he is keeping Will
liam F. Walker restrained OF his lib
erty. .,..,.,
This showing will, of course, be
made through the district prosecu-
for (the states attorney of Connect
icut counties) and in that showing
ALI causes on which Walker is leg
allv held will be set forth, includ-
ing the law of the case, the treaty
between the Mexican government
and tfiis country and Walkers at
torney will have all the opportun-
ity he desires to pick flaws with
the record and show if he can that
the authorities, either OF Connecti-
cut or Mexico at this point or that'
lost their right to hold the prisoner
or ask for his extradition, which
will be part of the showing made
by the keeper of the cuartel ON MS
return, as to why he is restraining
Walker of his liberty.
The writ is returnable before the
district court at Ensenada, over
which Judge Cadena presides. The
Judge recently decided one portion
of the case against Walker and IN
favor OF his extradition. He is
therefore disqualified to hear and
decide the writ, but the Mexican
law provides for just such an emer-
gency by naming who shall sup
plant" 1--WE would say substitute lori
him. This judge will review all the
acts of Judge Cadena along with all
the papers and evidence placed be-
fore him. He will hear all the argu-
ments he cares to hear and will
then decide whether Walker is be-
Ing properly held or not.
This decision is not final but from
1t an appeal may be taken within
certain time to the supreme court OF
the republic. which sits at the city
of Mexico and there the papers and
records are to be reviewed once
more and argument heard. IL the
federal district court decides against
Walker and the federal supreme
court upholds the decision Walker
will be returned TO Connecticut. Ii
either court decides in his favor he
don't go. Undoubtedly Walker con-
siders the chance worth taking and
IL the prisoner gets out from under
the authority of the Mexican flag,
any time soon. 1t will be because the
cash, with which all legal battles
are carried on, is not forthcoming.