Evening journal., 1916-12-02
FLAW IN WARRANT
LETS BURROWS OUT
Non Support Allegation
Failed TO Declare Wife
Was Destitute
VIRGINIANS WILL
CONTINUE CHASE

Because the Virginia official who
drew the warrant upon which George II.
Burrows. of Richmond, wanted in that
city TO answer a charge OF non-support.
was arrested here early last month.
neglected to insert words to the effect
that the wife or family were "in des-
titute and necessitous circumstances,
Judge Edward G. Bradford, in the
United States District Court here. dis
charged the prisoner this morning on q
habeas corpus. Burrows release was Ell
fecied without his counsel, Robert
Adair, being compelled to say a word in
his behalf
Burrows wife aud Special Officer
John +. Wiley, Of Richmond. were in
court and expressed bitter disappoint-
ment when Burrows won his release
and declared that he would be sought
for and arrested again on the same
charge. Mr.. Adair said after the hear
ing that he was surprised that the
prosecuting party was not prepared
Ter such turn of affairs and did not
have the necessary warrant already
prepared for Burrows re-arrest inn
mediately.
Burrows came to Wilmington in
September and obtained work as
pipeftter with the Harlan and Hol-
lingsworth Corporation. Learning OF
the mans whereabouts. the wide. on
October 81. swore out a fugitive war
rant for him. charging him with de-
sertion and non-support
Burrows vas arrested November
and held in $500 bail by City Court
for a hearing November 81. pending
the arrival of extradition papers from
Virginia. On November 10 Wiley ar
rived with the papers and Governor
Charles r. Miller signed them, at the
same time granting Burrows, through
his counsel, Mr.. Adair, an opportunity
10 review the proceedings on Novem-
Der 21. To permit Of that hearing the
case In City Court was postponed I'M
I'll the next day, November %. Cover
nor Miller declined to interfere on any
question of law. referring the parties
to the courts.
II was then that the habeas corpus
was issued. Burrows bondsman sur
rendering him TO the court so that he
could be locked up and thus have
I
Mr.. Adair explained. He was kept
in the county workhouse from the
night of November p until this morn
ing, when Chief OF Police George
Black and a policeman brought him
into court.
Acting for Attorney-General Jo-
siah o. Wolcott, Deputy-Attorney Cen
eral Armon d. Chaytor. Jr.. repre-
scented the State today Judge Brad
/ ford asked TO see the Virginia statute
upon which the charge was based aud
Immediately noticed the technical er-
TOR in the cr 1.nai warrant
Burrows had been charged with
desertion, but as the charge failed to
include that the wife OF family he is
alleged to have deserted were left
destitute and without the necessaries
of life. Judge Bradford held the war
rant TO be incomplete. He explained
that there was nothing for him TO do
except discharge the prisoner. The
error having been made in virginia,
there was nothing Mr. Chaytor could
do to correct IT,
Mrs. Burrows story is that she has
four children living out of thirteen,
one years cd, one II. one II and
another 81. The last is a daughter
and is said to be the main support
of the family. A pitiful side of the
story was that the 17-year-old boy is
an invalid and therefore, can do little
for himself OF anyone else. Mrs.
Burrows claimed TO be destitute and TO
have been compelled to borrow money
TO bring her here.
Mr.. Adair said Burrows has been
sending money to his family regu'
larlv and claimed TO have postofiice
money order receipts TO prove It. In
addition he said he was prepared to
show that Burrow had met with an
accident lately in which he lost a
finger. This had incapacitated him
from earning anything for a time.
An interesting fact in connection
with the case is that habeas cor
pus had not been issued out Of the
United States District Court here for
twenty years. This last case involved
two or three advocates of the single
tax. who we're arrested in Dover, on
charge if violating a Dover ordinance
and whose release was sought through
habeas corpus proceedings. Prior
10 that case, II Is said that period OF
sixtv years had elapsed since similar
writ had been heard in the court.
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