The Sentinel=record. (Hot Springs, Ark.) 1900-current, 1910-02-24
PRISONER WILL RE.
MAIN HERE UNTIL SUPREME
COURT DECIDES POINT.
Requisition Which Governor Gillette
Signed on Lincon's Birthday An
niVersary is Questioned

| Claude Alexander COnlin, alias H. s.
Daniels, who is wanted at San Fran
cisco, Cal, for grand larceny in con-
nection with the operation of a "spook
parlcr," where in it is alleged victims
Of the spirituaHstic game were fire.
Quently relieved of their cash. will
spend another thirty days here before
being taken back for trial
Yesterday afternoon in chancery
court a legal battle was waged for the
possession Of the prisoner, every point
and technically being threshed out in
full. At its conclusion the result
might have been taken as a dog fall'
for neither side had won
Superintendent Harry H. Myers of
the United States government reser-
walton, representing Governor Gillette.
assisted City Attorney J. A. stallcup
in making the fight for possession of
Conlin, that he might be given over
to Desk Sergeant Redmonds to be
taken away in accordance with the re-
QUESTION from Governor Gillette,
which Governor Donaghey Of Arlzan-
sas had recognized.
In opposition to these were Attor
neys Rector. Sawyer and league and
they made a determined fight against
Conlin having to go away.
When, after several hours of argu.
ment, Judge Curl had dismissed the
habeas corpus and turned the prisoner
over to The custody of Sheriff Jake
Houpt, the sheriff Immediately beck
oned to the prisoner and with Chief
Moore and other officers, including
| Desk Sergeant Redmonds, they left
the court house, went to the Rock
Island train, and were about to de-
Fart when a messenger announced
that the court had ordered the pris-
oner held here unit Ian appeal taken
in the case had been passed on by
the supreme court.
The legal battle was waged over A
technicality, which was in effect that
! Governor Gillette had signed the re-
QUESTION for the prisoner on February
II, which is a statutory legal holiday
in California in recognition of the an
niyersary Of the birthday of Abraham
Lincoln and that no legal act Of the
governor could be performed on that
date except a habeas corpus or the
issuance Of a bench warrant, without
it being designated necessary under
the emergency clause
The defense to this was that
fugitive from justice was an instance
which required immediate action I'M
der any and all conditions, and that
the requisition Of Governor Gillette had
been favorably passed on by Cover.
nor Donaghey, that Governor Dona.
ehey had issued a state warrant in
the case, and that the court had no
further authority than to examine into
the authenticity Of the warrant and
let the eechnicalities be fought out in
other trials.
These points We're the subject Of
much controversy. Judge Curl finally
ruled in the case that the action Of a
governor in issuing a requisltion did
not come under statutory law, and
that even if February 70 was a egal
holiday in California it would not af-
feet the validity Of the act of the gov
! ernor i'm this case. He ruled that
requisiton came under authority of
/ congressional enactment. and that the
rcquisition would hold.
An appeal was taken, and it is this
appeal upon which the supreme court
win have to pass before Conlin can
be taken back to California
A sensational feature of the case
arose yesterday when A. b Conun
| Cbrother Of the accused, who, when
he arrived said he would spend $50.
coo to prevent the extradition Of mis-
brotherl is alleged 20 have planned a
coup whereby Desk Sergeant Redmond
would De arrested at Benton on leav-
ing with his prisoner under a warrant
charging criminal libel. it being al
legged that Redmond said both Conlins
were thieves Tt was said the officer
would be arrested and the prisoner
/ fhnS not have any one TO take charge
Of him
sar.n Houp. offset any probability
of such q coup however. for when it
appeared The prisoner would leave he
/ planned TO accompany Redmond. they
were NOT going through Benton bat f.
through Malvern. and Houpt was co.
Jog rs FAR as the Texarsaua state /
ine 6 project the Californian nam I
further intervention by trIch.