Democratic Sentinel, Volume 13, Number 29, Rensselaer, Jasper County, 9 August 1889 — BURKE’S APPEAL DENIED. [ARTICLE]

BURKE’S APPEAL DENIED.

Tho Winnipeg Suspect'* Extradition Case Settled. A Winnipeg, Manitola, dispatch says: The court room was crowded Tuesday when the three judges entered to give a decision i upon the appeal in the case of Martin Burke, the Cronin suspect. The Chief Justice was the first to render! judgment He went over the facts of the proceedings very hurriedly and then proceeded to sweep away one by one the ob-' jections raised by Burke’s lawyers whom the application for a writ of habeas corpus* was made. Constable McKinnon’s evi-i dence-was not objectionable as the question l ! asked were only such as were necessary' to tenure the information for tho police, office register. The chief justice had ex-, amined the cases quoted by Baker and) found that they fully sustained his opinion i that a man who is an accessory to a crime' may be indicted as a principal. As to the' agreement that the court should be gov- , erned only by the provisions of the treaty, l the chief justice held that the court could' only be guided by the crime intended to be committed and not by the definition of the crime m the treaty. He ’ did not consider it his duty to weigh the', evidence. All that was necessary to sea was that there was sufficient evidence, ac-) cording to the Dominion statute, to commit for trial. As the defense bad set up' that there was no evidence to convict he had been obliged to review it. He had done so and he could not help arriving at the conclusion that, taken as a whole, the'i evidence was enough to excite strong sus-j picion against the prisoner. The chief justice then reviewed the evidence at con-1 siderable length. In his opinion the ap-' peal should be dismissed and the judgment of Justice Bain extraditing Burke sustained. Judge Dubuis delivered a short judgment concurring in the principal pointsandcon-i eluding that the appeal should be dismissed.) Judge Killam, in a judgment of consider-i able length, agreed with his brother judged in dismissing the appeal and holding Burke' for extradition. The three judges spoke of the desirability of cultivating a policy of the freest exchange of criminals between the two countries, but pointed out that it was a matter for the executive department to deal with.