Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-09-10
Motherwe|| Counsel Fight
Extrodition to California
Rya star stan writer

ATLANTA, Ga. Sept. TO-
Attorneys for Larry Lord Moth
erwell fought vigorously yes
terday against his removal to
California to face charges Of
killing Mrs. Pearl Putney Of
Washington.
In q Commute. at times
hectic 'extradition hearing. at
torneys John T., Reyes and
Simon Tucker assailed the re-
moval as unconstitutional.
A decision by Gov. Vandiver
is expected soon, possibly by
tomorrow.
Because Of the intense inter-
est in the case, the hearing
was held in a large conference
room, rather than In the Office
Of Assistant Attorney General
Harry @. Neal.
At times the atmosphere
was frantic. as Mr.. Reyes
clashed verbally with Georgia's
Assistant Attorney General, T.
r. Parham, who was represent
ing California.
The room was flooded with
movie camera lights, and as
the action grew hot. photog-
raphers scrambled about the
room, flashbulbs popped. and
cameras whirred and clicked.
Prisoner Impassive
Through it all. Motherwell
remained largely impassive.
! staring downward. He blinked
and WINGED several times as
! though his eyes bothered him,
and once he donned pair OF
.glasses.
! Mr.. Reyes main points were
that Motherwell has not been
aiudicially charged" with any
crime in California. and that
the extradition papers do not
allege that Motherwell was in
the State at the time Of Mrs.
Putney's death.
Parts Of Mrs. Putney's skele-
ton were found in Sierra
County last August Is. On
z August Is, 1858. Motherwell
and Mrs. Putney checked out
of a motel in Marysville. about
90 miles from where the bones
were found. She was not seen
alive again. and there has been
no trace of the $4,000 in cash
and securities which she is be-
1ieved to have been carrying
on her trip across country with
Motherwell.
Mr.. Reyes maintains that a
warrant issued by Sierra
court is not SUFFICIENT to salts
sfy the constitutional require
nment that "only a person
!, charged in a State can be re-
moved there"
He also claims that the affi-
davit by Sierra County Sheriff
Dewey johnson does not state
that Motherwell was in Cali
.fornia at the time of Mrs. Put
ney's death, only "at the time
of her disappearance"
This reflects a basic in
adequacy in the case of the
State of California. an inability
20 establish with any precision
the facts concerning the death
of Mrs. Putney." Mr.. Reyes
stated in his memorandum.
He charged that California
was trying TO drag this man
across the country for the pur-
pose of questioning him.
S This we do not think is
cricket; we know it is not legal"
Mr.. Reyes said.
Holds Up Answer.
Mr.. Reyes would not allow
. Motherwell to answer a direct
query from Mr.. Neal about
whether Motherwell was in
California in 1858 He also
fought to keep Mr. Parham
from introducing a photosta-
tic copy Of the registration card
from the motel in Marysville.
Finally. as the hearin g
threatened to drag on endlessly. |
he relented, and asked Mother
well directly If he was in Cali
fornia in 1858.
Eyes. I was" ne replied-his |
only words during the entire |
hearing.
Mr.. Reyes said that If
Motherwell had been indicted.
he would not object to his ex-
tradition. In fact. ne said, |
Motherwell was anxious to re-
turn there to "vindicate him.
self"
S-