Evening star., 1912-09-29


Sunday alongside the public highway"
yes, said Hopkins, "that's why didn't
kill YOU | wanted it to be somebody |
didn't know. There's no personal feeling in
this crime.
The Sheriff took Hopkins back to Jail,
keeping him covered with his gun all the
way, and didn't really feel safe about him
until he was locked up in the strongest cell.
The quieter and the more reasonable Hop
kins was about it, the more afraid of him
they all were.
Hopkins protested vehemently against
anv suggestion that he was insane; said
that he knew what he was about perfectly
we'll There was no doubt in his mind about
the nature and the quality of his act. He'd
committed deliberate murder,-ha
planned the details of it when he was serving
his last Jail sentence; had even planned to
look up the Sheriff, invite him to go along
and witness the deed, and then take him into
custody. He'd been fined and imprisoned SO
often for doing things that any well inten-
toned citizen might do that he'd decided to
take the other tack.
So, apparently, there was nothing to do
with Hopkins but to go ahead and try him
and hang him.
PUT this proceeding was complicated by
Alabama and Georgia ran through the little
valley that had been the scene of the murder.
Hopkins was in Alabama when he fired the
shot; but the man he murdered was IN
Georgia The law in such cases is perfectly
understood. The crime is committed in the
place where the man is killed. and not in the
place where the murderer happens to be
when he kills him.
Hopkins crime had been committed in
Georgia. 1t was a Georgia Grand Jury that
heard the presentment and voted the bill.
Hopkins was in custody in Alabama; for
the Sheriff, when he gave himself up, had
naturally enough taken him to the Jail that
was in his own jurisdiction. In fact, the
location of the State line didn't occur to the
Sheriff until afterward.
SO Hopkins must be taken into Georgia
for trial; and, to accomplish this, 1t was
necessary for the Governor of Georgia to
sign a demand upon the Governor of Ala
bama for Hopkins extradition. This de-
nand, of course, reclted the facts OF the
crime, and that an indictment had been
found against him. The Governor of Ala
bama, as matter of official routine, referred
the papers to the Attorney General, as it is
the practice in such cases for an executive to
take legal advice before he proceeds to a
quasijudicial act.
The next day the Attorney General ap-
peared before the Governor of Alabama with
the papers in his hand and queer look on
his face.
Governor" he said, I'm sorry to say
that it will be impossible for you to sign ex-
tradition papers in the case of this Hopkins.
why not?' said the Governor. "It's a
perfectly fragrant case, and all the facts are
admitted Hopkins committed crime in
Georgia; he's in custody in Alabama. We
must give him up to the State of Georgia in
order that he may be tried. We can't try
him. He's committed no crime in Alabama"
All that is perfectly true said the At
torney General; "but the fact remains, pre-
posterous as it may appear, that under the
constitution of this State, which you are
sworn to support, and under the rulings of
the Supreme Court of this State, which in
terprets the constitution, you have no right
to give him up. The constitution of Ala
bama provides for the extradition of 'fug-
tives from justice That is to say, if man
commits a crime in Georgia, or anywhere
else, and then comes to this State, fees, that
is to say, from the spot where he committed
the crime, and seeks haven in Alabama, then
he is fugitive from justice and you must
consent to his extradition.
But Hopkins never left the State of Ala
bama. Therefore, he did not come into it