The Birmingham age-herald., 1914-02-22

before the story of the capture he
came known TO them and put them or
guard Dallas was reached at night. and
on the following morning Jim Arnold, the
chief of police for that city, together with
myself, arrested the other two accom-
plices.
All waIsed preliminary hearings and
were committed 10 Jail to await the ac-
ton of the grand jury. which convened
a month or six weeks later. In the
meantime three of the defendants sue
ceeded in obtaining bonds and were re-
leased from jail.
After MS arrest No. 3 was taken IN,
and he died about a month later Nos.
and fled the country almost Immediately
they were released on bonds. No. | gong
10 Mexico and No. going to London,
Ontario, Canada When the eases were
called for trial, therefore only No. 4, the
agent appeared, having remained the
whole time in Jail. The trial was ac-
cordinely postponed pending the arrest OF
Nos l and .. and my work had largely
TO be done over again.
Upon receipt Of instructions TO this
effect, from the Missouri-Pacific railway
| detailed Herbert and Bailey, another
of my assistants 10 locate and arrest
No l in Mexico which they succeeded
in doing after much hard work.
l myself assumed the task OF arrestiug
NO. :. 1lSGOAeftu MS ltGdilpil III Lon
don after some effort. and visited the
place, seeing the fugitive without being
seen by him. No. had surrounded him
self with number OF svmpathzng
friends, many of whom We're, like him
SELF fugityes from justice, and among
them he felt safe.
The extradition treaty then i'm force be-
tween Great Britain and the United
States, known as the Ashburton and
OH haA ohn
the middle of the century. 1t permitted
the extradtion of fugitives charged with
the following offenses: Murder felonious
assault with intent to murder, arson,
rape forgery, uttering of forged paper
and perjury.
After | had seen No. , in London. I
telegraphea by wire code to Ex-Governor
John c. Brown. the general solicitor for
the Gould railroads. through Vice Pres
ident Hoxie, who had commissioned me
to procure the fugitives arrest. EX-Gov-
ernor Brown had a national reputation
as a lawyer and being convinced that
No. could not be extradited under the
treaty, he wired back by code instructns
me to induce the exile to accompany me
across the border, either into Michigan
or into New York state, where he could
be held for extradition to Texas.
Needless to say, this would have been
an impossible feat the fugitive being
well acquainted with the man who had
aided in his arrest. Furthermore, I soon
discovered that. If l attempted to induce
No. to accompany me across the bor-
der. for the purpose of arresting him
without leeal authority. | would be liable
to prosecution for kidnapping, and might
be sent TO prison for term of from two
to seven years. Seeing the impossibilty
of carrying out his instructions, l took
counsels opinion upon the subject from
a young barrister named Mcbride After
detailing the case to the young man,
| asked him what crime the men had
committed under Canadian law. Nc
Bride at once informed me that they
were all guilty of forgery. and OF having
uttered and published forged paper.
'Supposing these men had fled from
the United States. and were found in Can
ada. could they be arrested and extra
dited back to the United States?' |
asked.
Undoubtedly, under the provisions OF
the Ashburton and Webster treaty. an
swered the other.
But l said. "the Judge who presided
over the criminal court at Dallas, Tex.
was of opinion that the fraudulent bills
of ladine signed by the agent were not
forseries, as the agent was in the EN-
ploy of the company"
The ag,nt signed the bills of Iadlng
for fraudulent purposes" answered Nc
Bride. and therefore his signature was
unauthorized by the company which EN-
is a forger, while the other eonsprators