The New York herald., 1922-09-26
MILLER DEMANDS
STOLEN PRISONER
Governor Asks Maryland's Ex-
ecutive to Observe Comfy
Between States.
RITCHIE AGAIN SAYS NO
Declares Socolow Is to Stay in
State Where Crime Was
Committed.

Special Dispatch to The New YoHK HERALD.
New York Herald Bureau.
Albany. Sept. rs.
Gov. Miller wrote to Gov. Ritchie Of
Maryland to-day asking the return to
this State of Walter Socolow. wanted
in Baltimore for murder.
The request followed the receipt of
letter from Supreme Court Justice
Francis Martin of New York telling
how Socolow was kidnapped bodily
from his courtroom by four Baltimore
detectives in the midst of habeas
corpus proceeding.
Justice Martin told the Governor it
was immaterial whether the prisoner
was innocent or guilty. but that "if
such disrespectful, disorderly method
OF taking a prisoner out of the Su-
preme Court of the state Of New York
during hearing is to be tolerated
people will soon lose respect for the
administration of the law of this
State"
Text OF Governors Letter.
Gov. Miller's letter to the Governor OF
Maryland follows:
my DEAR GOVERNOR:
Il issued warrant on September 10
for the extradition OF one Walter Soco-
low to your State. where he was wanted
yatl olc 4.
was before Supreme Court Justice Mar
tin in Par. II. of the Supreme Court on
writ of habeas corpus which had been
sued out upon a fugitive warrant issued
by a magistrate upon which he was then
held.
Information was conveyed to the
court that the Governors warrant had
been issued. Whereupon 1t was agreed
that the fugitive warrant had been
superseded by the Governors warrant
and that new writ would have to be
sued out. The court thereupon directed
dismissal of the pending writ, where
| upon. In defiance OF the direction OF the
Justice presiding. the prisoner was
forcibly rushed from the courtroom by
those in whose custody he was and was
taken to your State. The circumstances
clearly prove that that was done pur-
suant to a preconceived plan TO prevent
hearing on writ of habeas corpus.
The rendition Of IA fugitive from Jus
tice upon a proper demand Is essential
to proper administration of the crimi-
nal law as well as a matter of comfy
between States. 1t is important that
those who commit crimes or who are
charged with the commission of crime
be promptly apprehended and triel in
the jurisdiction where the crime Is
charged TO have been committed, but IL
is equally important that the law be ad-
ministered in orderly fashion and that
those charged with it's execution should
themselves respect the law and lawful
and orderly procedure.
Equal Right for Defendant.
"The right of every person to have
the cause of his detention inquired into
on writ of habeas corpus by the courts
in the jurisdiction where he is de-
tained Is certainly as great as the OBJ
legation of the State to surrender fugi-
tive from justice.
THE prisoner was entitled to have the
question whether he was a fugitive from
justice judicially determined on writ
of habeas corpus, but doubtless due to
an excess of zeal. the officers from your
State forclbly removed him from the
courtroom where he was actually in the
custody OF the court, and this was done
in defiance of the direction of the court,
who would undoubtedly have taken
proper provision to enable the relator
to secure n new writ and thus TO avoid
the mere technicallty arising from the
fact that the original warrant on. which
he was held had been superseded by a
Governors warrant.
AS O matter OF fact, do not be-
lieve II was possible that my warrant
could have reached New York al the time
of the occurrence. because 1t was only
1issued ON tho 18th.
Real Question mt Issue.
"I am sure that you viii agree with
me In foregoing views and will recog-
uize the Importance of insisting upon
orderly and lawful procedure. or
course. Socolow Is now subject TO the
Jurisdiction OF your courts and on the
question OF their jurisdiction II is not
material how he came TO your State.
even though he may have been kid
naped and unlawfully taken there, but l
trust that you will view the matter as
/ do, that this is not a question as to
who has the technical custody, but Is
rather a question of whether respect Of
law Is 10 be maintained by Its orderly
administration.
"Socolow has been denied tho right to
have the question whether he was
fugitive from the justice OF your State
judicialiy determined by the courts OF
this state on n writ OF habeas corpus.
He was denied that right by disgraceful
conduct amounting certainly to con-
tempt OF court. not 10 more serious
crime. The merits of the case sink into
insigniflcance as compared with the Inn
portance Of maintaining the orderly ad-
mnistration OF justice.
II therefore request that you cause