The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1921-04-22
Local Officers
Make Fine Record

ney recently md d unique experienc,
Hin the extradition Of Roland "A. Phil
| lips from Dayton, Ohio. He was ar
rested there ON orders Of Sheriff Hum
and waived extradition, but the Sheriff
and Prosecuting Attorney being afraid
of a trick procured the extradition pa.
| pers from the Governors of the states
Of Missouri and Ohio anyway, and
the Sheriff proceeded to Dayton arm
ed with the Governors warrant, bui
before he reached Dayton, the defend
ant had switched and employed q
lawyer to try to effect his release on
habeas corpus proceedings, SO when
the Sheriff arrived at Dayton, he
found the prisoner a ward of the Ohio
court SO that he could not take him
until after the hearing on habeas cor
pus, which was set for April 10th.
Knowing, Of course, he was held tight
then and even the state militia could
not have taken him, the Sheriff came
back home to await the hearing; and
on Thursday, the 14th, he and Prose-
cutting Attorney Golfer, armed with
the Missouri Statutes and Missouri
Supreme Court decisions, started for
Dayton ready for the fray on the 18th.
The prisoner was contesting extra
dition ON two grounds: first, that he
was not a fugitive from justice and
had committed no crime; second, that
the stealing Of a car in Detroit, Mich,
and bringing it into Missouri was no
crime under the laws of Missouri; and
also claiming that he had been prose-
cuted and acquitted in Detroit for
stealing this same car.
The Prosecuting Attorney, before
going to Dayton, had procured from
the Clerk of the Court in Detroit GER
titled transcripts of the record show
ing that Phillips had not been prose
cuted for stealing this car, but on the
contrary, had been prosecuted for con-
cealing and disposing of mortgaged
At the hearing before
Judge Patterson in the Court of Com
mon Pleas in Dayton, the prisoner did
not offer any evidence and did not at
tempt to show that he had been pre-
viously acquitted, as he evidently had
a "tip" that the Prosecuting Attorney
already had the transcript from Mich
igan showing that his claim was en-
tirely false.
Quite an interesting legal hattie en-
sued both on the question Of him BE-
ing criminal and fugitive from JUS
lice and on the question of whether
Or not it was an offense to steal prop
erty in another state and bring it in
% Missouri.
The Prosecuting Attorney, assisted
by the Assistant Prosecuting Attor-
ley of Montgomery county, Ohio, won
'ut on all points against an array of !
egal talent including the best Grim
nal lawyers in Dayton, so the prison
sr was remanded back to the Sheriff |
,or extradition. 1t was battle royal |
from start to finish and the Dayton
awyers found out that the Prosecut- |
ng Attorney and Sheriff of st. Fran
;ois county were strictly on the job,
md that they were not from Arlean-
'as. However, after winning out, The
prisoner took ten days in which to
AXE the case to the Court of Appeals
# Ohio, and that ties him up for an
'ther ten days, during which time he
will have toelay in Jail at Dayton, and
his appeal is perfected within the
en- days, it will be few weeks yet
'efore the Court of Appeals can hear
he case. Everyone who heard the
and there was court
louise full, was surprised that he
would take the case up and was con-
'inced that there was no merit in his
Ippeal. but that he is simply trying
0 freeze Hunt and Golfer off and
void coming back to Missouri for
rial, but Hunt and Golfer are not
Iuitters and expect to get him back
o Missouri that justice may be done
i'm if. it takes them ali summer. ~
The following is a clipping from
he Herald, daily published in Day
on:
TIGHTS EFFORT OF n
MISSOURI OFFICERS
Denied Release Accused Man May
Take Habeas Corpus Case Higher
"The habeas corpus action by which
.oland Phillips is making an effort to
e released from the county jail, where
e is held pending possible extradition
, Pennington, Mo-, on grand lacenyl
harge, was denied by Common Pleas
udge r. G. Patterson Saturday morn
lg. 64aW K
Phillips, through his counsel, an
ID