The Denver star., 1913-10-04
IMPARTIAL TRIAL
FOR FRED BROWN
Lawyer 6. Edward DIekelsoa
Scores Legal Point.
ACCUSED MAN NOT INDICTED

Rsquisition Proceedings In Unusual
Case Of Alleged Fugitive From Jus
tiee Held Up on Constitutional
Grounds - Counsel For Defendant
eaIks Attempt to Pervsrt Justice.
Philadelphia.-The case of Frederick
Brown, charged with the murder of
one j. F. burst, white man, in John
son. s. c.. seven years ago and who
Immediately fed to this city. comes up
for trial in this city in October on ex-
tradition proceedings. Remembering
that the Hon. Cole L. Blease, the gov
ernor Of South Carolina, had publicly
stated that he would lead mob to
lynch Negro. G. Edward Dickerson.
Esq, sent telegram to Governor
Tener of Pennsylvania to grant no
requisition for the return of Brown
without giving his friends an oppor-
tunity to be heard, for the reason that
they feared he would be lynched.
At a hearing last April before Depu-
ty Attorney General largest on behalf
Of the governor and Mr.. Dickerson.
DR.. N. f. Mossell. DIR. William A. Sin
clair. DR.. William NJ. Slowe and
Charles II. Brooks appeared and pre-
sented strong reasons why the defend
ant should not be returned. The state
of South Carolina was represented by
the assistant attorney general. who
came on to insure Browns return. The
latter was forced to admit that the
governor of South Carolina would not
grant any protection to the defendant
II he were returned.
Notwithstanding that 1t was conclu-
sively shown that the accused could
not obtain n fair and impartial trial
and that in all probabilities he would
be lynched. the governor Of Pennsyl-
vania granted the requisition without
demanding n promise of protection as
a condition Of his granting the same
Before the man could be taken away
Lawyer Dickerson had gone by night
to Judge Robert N. Wilson and mp
piled for writ OF habeas corpus to
test the proceedings. The same was
duly granted and day for n bearing
fixed.
guson, who. while he refused to dis
charge Brown. gave ten days for the
attorney to perfect an appeal. Mr..
Dickerson then applied to Judge Or
lady OF the superior court for n super
sedeas and stay of proceedings pend
ing the appeal. When the Judge heard
the full particulars OF the case he eK-
claimed. This Is an extraordinary
case and requires an extraordinary
remedyw He referred Mr.. Dickerson
to the full court, which meets In Pitts
burgh Thither hastened Mr.. Dicker-
son with his petition for supersedens.
for unless the stny were granted the
man would be taken Immediately back
to South Carolina before the appeal
was heard.
After considering the case for two
days the superior court decided not to
reverse n former ruling, to wit. not to
go behind the return OF the governor.
Not daunted. Lawyer Dickerson has
tened back to Philadelphia and made
m application to Judge J. Whitaker
Thompson OF the United States district
court for writ of habeas corpus on
the grounds that 1t was against the
constitution of the United States to re-
turn man to he lynched. The story
OF oppression and injustice was told
again with telling effect. The judge
said, II may not agree with your ver-
sion OF the law, but every man is en-
titled to be heard. and will grant the
writ" Mr.. Dickerson was given one
hour to prepare his petition and re-
turn.
When the hour was up the petition
had been prepared and signed. and
Judge Lynch had again been defeat
ed. At the hearing In the United
States court the assistant attorney
general from South Caroliua was there
to argue the case and brought his de-
tectives with him to tnke Brown back.
Brown told pathetic story Of having
shot In self defense and how he had
gone thirty-five miles during the night
on foot to prevent being lynched. The
Judge said that he preferred the higher
court to pass on the question. and In
refusing to discharge Brown granted
an appeal and stay of proceedings
pending said appeal. This appeal will
he argued in October, and Brown will
be kept In prison in the meantime.
Two constitutional questions are in
volved as the case now stands. The
first. whether man can be returned
on charge of murder which is seven
years old without being first indicted:
the second. whether he cannot demand
guarantee of a fair and impartial
trial and protection against lynch law.
or not go back at all. Finally, If the