The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-22

SQOIiiilNCu W HUI
. Burke of North Dakota. on
= which he issued reuisition for u
= Geo. Murphy and ]. Rawley, has "
v not been received, the arguments y
y on the writ of habeas corpus, y
: scheduled to come up at Crook y
' ston late today, was postponed n
:" until Friday or Saturday.
Continuing their fight against en-
tradition from Minnesota to North Da-
kota, which already has assumed pro-
portions attained in few cases, Geo.
Murphy and j. lawley, held in the
Polk county jail at Crookston. will
make one more effort late today to Sc
ure freedom and thus thwart the
Grand Forks officials in their efforts to
bring the men here to face a charge of
burglary. In the course of their fight
which has continued over two weeks,
the men charged with the crime have
been participants in the following To-
cal proceedings:
They have been arrested four times.
They have beer charged with bank
burglary. with store robbery, with be-
ing fugitives from justice and with
bringing stolen property into the
state.
They have been successful in secur-
ing II writ of habeas corpus and are
now suing for a second.
Governor John Burke of North Da-
kota has twice requisitioned for their
removal to North Dakota.
Governor E.. B. Eberhart of Mime
sofa has twice granted eXtradition and
issued warrants of rendition.
Their cas- has been aired in justice
courts. in municipal courts, district
courts n before the governor of
Minnesota.
The second application for a writ of
habeas corpus, now pending, will be
argued before Judge Watts of the dis
trict court of Polk county this after
noon. On the first writ Judge Watts
ruled in favor of the men, a point Of
law brought out being to the effect
that h charge of the crime must be
direct, rather than on information and
belief.
First Charge, Bank Robbery.
Murphy and Rawley were originally
charged with the robbery of the Ell
dred. Mimi, bank of about $1,000.
Rawley being arrested at Moorhead
while Murphy was captured in Min
neapolis, his arrest being brought
about when Rawley attempted to get
a letter to him. Detectives waited in
the Minneapolis p%ostofiice several days
before they We're finally rewarded.
. AASiSSs Ab"o W ulop lIlSll
prosecution Of the men,, being without
sufficient evidence to place the men or
trial. At the time the men were ar
rested weapons found in their pos
session were identified in Grand Forks
as having been stolen from the Lyons
store of this city.
When the Polk county case was
dropped, the Grand Forks warrants
were sent to Crookston. Murphy and
RQVplav oninvod couoro1 ,, N, outs P~on
dom between the time the bank cases
against them were dismissed and the
North Dakota warrants were served.
Fight Against Extradition.
Then the fight against extradition
commenced. Governor Burke made
on Governor Eberhart of
Minnesota for extradition, but in the
meantime the two men were given a
hearing at Crookston on the charge of
being fugitives from justice. While
the Crookston justice was considering
that feature, Governor Eberhart or
dered n hearing in st. Paul as to the
and he granted the extradition.
Next the men petitioned for a writ
of habeas corpus, and Judge Watts of
Crookston ruled in favor Of them,
holding that the eXtradition proceed
ings were faulty. However, both men
were Immediately re-arrested, charged
with bringing stolen property into
Minnesota: That case was pending
till yesterday. when 1t was dismissed.
Tuesday of this week the new ex-
tradition was granted by Governor
Eberhart on Governor Burke's second
requisition, and yesterday, following
the dismissal of the stolen property
action, the men we're held under the
warrant of rendition issued by Cover
nor Eberhart. 1t is the governors
warrant which tho men are fighting at
this time.
The Grand Forks burglary occurred
October 81, last year.