Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1910-11-15
A LEGAL DILEMMA
Tangle of Red Tape In an Eng
Iish Extraditi0n Case.
GETTING AROUND THE LAW.

Only the Quick Wit of the Canadian
Police Inspector Kept Notorious
Criminal In Custody When In Realty
He Was as Free as the Air.
The manner In which prisoner ex-
tradited to England from a foreign
country is treated while on the voyage
home depends very much on the de-
tective who has him in charge and
also on whether or no there is any
suspicion that he may be contemplate
ing violence either to himself or to
others.
For instance, in the case Of Jabez
Balfour, who was taken to England all
the way from Buenos Aires, there
was a strong suspicion-probably Ill
founded-that he contemplated COM
uniting suicide. Consequently Inspec-
tor Froest, who had him in charge, de-
cided to take no risks that he could
possibly avoid.
The regulations do not permit of an
unconvicted prisoner being handcuffed
on board ship once the vessel has left
port, and he must be allowed one
hours exercise on deck each day.
These indulgences, if indulgences they
may be called, were therefore not
withheld from Balfour.
But he got few others. For twenty
three hours out Of every twenty-four
he was immured in a locked cabin. He
was not permitted even to enter the
public dining room, his meals being
brought to him by Mr.. Froest himself
after the rest of the passengers had
fed. He was, besides, constantly
watched and was subjected to most
rigorous search Immediately on COM
ing aboard.
His only relaxation was an occa-
sional game of chess with some of the
passengers who kindly came to his
cabin to play with him by permission
and in the presence Of his keeper.
This sea Imprisonment lasted exactly
one month and a day. and Balfour
afterward declared that it was the
most trying experience Of captivity
that was destined to continue for
nearly twelve years.
One of the longest and in its later
stages one of the pleasantest voyages
ever undertaken by an unconvicted
criminal was that which Charles Hyl-
ton Davidson. the notorious forger,
made some years back in the custody
of Chief Inspector Murray of the Ca
madam department Of justice.
Murray tracked the wanted man to
Mexico and secured his extradition to
Canada. But then his difficulties be-
gan. He could not bring his prisoner
to Canada by the direct route through
the United States, for Immediately
Davidson set foot in that country he
could have demanded to be released.
There was therefore nothing for it but
to convey him by way Of Jamaica and
England and thence back across the
Atlantic to Quebec.
On the voyage Murray kept David
son under close observation, although
allowing him considerably more free
dom than Froest allowed Balfour.
When, however, he had got safely. as
far as London he was both mortified
and astonished at the likelihood of his
having had all his trouble for nothing.
The law was, he was told, that
prisoner extradited from a foreign
country to a British colony could not
be kept In custody in England for
longer than twenty-four hours, nor
could he be taken as a prisoner on
board a British ship sailing from
British port.
Here was dilemma. Davidson was
free as air-had he only known it.
But Murray was equal to the occasion.
Look here. Davidson" he said, I've
got you safe. There is only the last
stage of the journey to complete. If
! allow you to travel saloon with me
as an ordinary first class passenger
will you give me your word to play
me no tricks?"
To this proposition Davidson, know
ing nothing Of the real state of affairs,
was naturally quite ready to agree.
And so 1t came to pass that one of the
most notorious criminals Canada has
ever known came home In state; free,
yet not free, voluntary prisoner. and
yet an involuntary one.-Pearson's
Weekly. :.