The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-15
HOHFSTOT MUST GOOR APPEAL
cot MT BUSINESSES ms WRIT
az HABEAS CORPCS,

nut Gives Hlm a stAy n tie wants 70
Carp q Evidence mat Ne was
m PeunaylyunAa Whrn the Alleged
nrilery Was Dune Il InaAtlsfArtSTy.
Frank n HoHstot. president Of the
German National Bank Of Allegheny
Pa. who IA wanted in Pittsburg on the
charge OF bFibing a member Of the Com
mon Council in that city. lost a point yes
terday when Judge Holt Of the United
States District Court dismissed the writ
Of habeas corpus secured by HOhstOt' .
counsel to test the legality Of Gov
Hughes's warrant surrendering Hou-
slot on tho Governor OF Pennsylvania
requisitiOn a. a fugitive from justice. A.
the same time Judge Holt grants Hofsiot
a stay In case he wants TO appeal from
the Courts ruling saying:
MY conclusion 10 that the writ should
be- dismissed but a. In my opinion the
question involved in this case IA doubt
ful. a stay will be- granted Il the petitioner
desires to appeal
Il IL more than probable that an appeal
wiz be taken. Frank " Honstot was in
dicted in Pittsburg on April .. 1910 on
a charge Of conspiring with James W,
Friend and Charles Stewart, the latter
former member Of the Pittsburg Common
Council. to bribe members Of the City
Council 20 pass an ordinance designating
certain hanks Of Pittsburg a. dePo1i-
tories for the public funds Of that city.
Il is directly charged that HOfstot paid
Stewart So. son A. a bribe in pursuance
Of that conspiracy.
When the indictment was found Hod-
slot was in this city. The Governor Of
Pennsylvania sent requisitiOn papers 10
Gov. Hughes and Gov. Hughes honored
the requisitiOn. whereupOD Adrian n.
Johns, Hofstots counsel. secured the
wit Of habeas corpus. Il IL the cOnten-
ton Of HoHstot's counsel that the Gov
srnor Of this State had nc jurisdiction 10
issue a warrant Of surrender because u |
was admitted that HofstOt was not within !
the state Of Pennsylvania on June }. 1873, /,
the date stated in the indictment a. that !
on which the crime was committed.
1T is conceded says Judge Holt, ,
that the date Of a crime stated IN an
Indictment IL not necessarily essential.
The crime Of conspiracy with
which the defendant Is charged in the
indictment il one 0f which he may BE-
guilty without being physically in the
State Of Pennsylvania. But under the
constitutional provision. and the statute
passed in conformity with Il. providing
Tor the extraditiOn Of fugitives from
Justice from one state TO another, q u
49, N.Naa.al.afN ah,FrlA haWa.
been physically present in the State in
which Il - alleged that the crime was
committed. at the time when Il was com
mitted. IN order 10 make him on his
subsequent departure from the state.
a fugitive from justice. The question
IN this casa, therefore u whether there
was any proof before the Governor that
Hofstot was in the state o. Pennsylvania
when the crime. or any material part Of
the crime with which he IL charged, was
committed On that question the evil
dence h very meagre and unsatisfactory.
and have felt grea. dificulty IN reaching
conclusion.
Judge Holt says that Hohstot's counsel I
submitted to him the recent opinion I
uf Gov. Fort Of New Jersey in the case |
u ] Ogden Armour Of chicago, who vas /
indicted IN New Jersey with others a. |
fugitive from Justice Tor conspiracy I
20 proCsce an artificial scarcity in the meat /
supply and thereby increase the prices /
Gov. Fort held that there was nothing /
to show that Armour Was fugitive from !
Justice He did coms mo the State top I
embark on a steamship going 70 Europe I.
and disembarked on his return. Judge
Holt agrees with Gov Fort Gin the Armour
casei, but says that the facts IN the Hot
slot case are much stronger.
HonstOt Is az largo on $1,000 bali