The Barre daily times. (Barre, Vt.) 1897-1959, 1910-04-21
Gov. Hughes Grants Request
for ExtradltlOn
IS TAKEN IN NEW YORK
First Verdict in the Graft Case Is Guilty
Extreme Mercy, However, Is Rec
commended by the
Court.

Albany n Y. April 2l.- Governor.
Hughes yesterday honored the requisition
Of Governor Stuart Of Pennsylvania for
the surrender Of Frank n. Hofstot, the
president Of the Pressed Steel Car cons
pany, who was indicted in Pittsbnrg on
April 6, 1910, on charge Of conspiracy.
llo3stot assorted at a recent hearing be.
fore the governor that be was not q
fugitive from Justice. and that he was
not in tile state Of Pennsylvania on
june 3, 1908, the date on which the in
dictment charges the crime was commit.
tVd but was IN the city Of View York.
The attorneys for the commonwealth If
Pcnnsvlpaniel do not attempt to contra
diet this They contended, however. that
the crime WAS not committed on the
precise date mentioned IN the Indictment.
but during q period extending through
May and june, 1908.
Governor Hughes in a long opinion
quotes the presentment Of the grand jury
and states that the finding in substance
was that on June 3, 1908, li0ffstot eQn
spired with Charles Stewart, a member
81 the select council Of the city Of Pitts
burg, and James ~. Friend, now de-
ceased to deffaud the city If Pittsburg
and to procure BY the bribery Of council
men the selection Of the Farmers De-
posit National bank OF Pittsburg, Second
National bank Of pittsburp and German
National bank OF Allegheny, as the de-
p0sitories Of the city
"The crime here alleged is conspiracy
20 bride municipal officers" says Cover.
nor Hughes; III would not be necessary
10 prove that the crime was committed
on particular day Ia may be proved
BY ciunmstaniial evidence, end tn very
nature frequently makes i crime 81 this
sort susceptible to none other
Governor Hughes holds that the
charge which the accused. If surrendered,
would be called 10 meet under the indiet
ment is not limited 80 the third day Of
june 1908, bat would embrace an ex-
tended period covering the months Of
May and june 81 that year.
Now, IN order that he should be
deemed a fugitive from Justice. he con-
tinues 1T is not necessary that the
accused should have left the state in
which the crime is alleged to have been
committed for the purpose d avoiding
prosecution. Nor may the accused Be
the less fugitive IRON justice because
he may reside il The state where be Is
found
Upon an application Of this sort. # e
neither practicable nor proper to try the
merits OF the charge nor 70 determine
whether the accused Is guilty.
HohstOt was arrested ia View York
City yesterday. When Judge Holt re-
turned from lunch HniEstot was immsdi
atelv taken before him and George fi0r
don Battle appeared u represent District
Attorney Blakeey 81 PittshuFg II was
explained 70 Judge Holt that Governor
Hughes has issued the requisitien papers
IN the case. As the lawyers were about
10 make sta cement Judge Holt said
that he would not hear arguments ii the
writ Of habeas corpus yesterday and
would adjourn the hearing until Friday
afternoon at two o'clock
Judge Holt then fixed Holfst0t's bail
az $4,000 As there was no boudsman
present. Judge Holt was requested "a pa
role HoHstot until later il Tire day, but
Mr. Battle, who explained that he had
been retained hy the Pitttsburg authori.
ties, opposed this, and Hoifstot had to
remain in the building HI the detectives
custody while has attorneys went out to
pet q bondsmsn A surety company later
furnished the bond for Hoiistot and he
was released.