Judge Bain on Thursday, June 27th, and despite the fact that it was
known that the extradition documents were on their way, a determined
effort was made by Counselor Campbell, with whom another prominent
lawyer, W. E. Perdue, had been associated, to secure the discharge of
the prisoner.

The Court decided to proceed with the case, and Officers Collins and
McKinnon were called to testify. When they had told what they knew, a
remand was granted for a week. Here it was resumed on July 3d, when
Expressman Mortinsen repeated his identification of the prisoner, and
Joseph Dillabaugh, a Chicago newspaper man, testified that he had seen
the body taken from the Lake View catch basin, and was satisfied that it
was that of Dr. Cronin. Additional evidence was given on the following
day, Elliott Flower and Andrew Yount, representatives of Chicago
newspapers, testifying to the location of the Carlson cottage, the
blood stains found in it and other material facts. So the case went on
from day to day. The evidence of young Carlson was considered necessary,
and he was sent on in hot haste from Chicago. It was not until
Wednesday, July 10th, that sufficient facts were before the Court upon
which to base a decision. This decision, however, was to the point. It
held that all the evidence given was admissible and sufficient for the
purposes of extradition. It was sufficient to raise a presumption of
guilt, and this was all that was necessary. Judge Bain went over the
evidence which had been introduced before him, bringing out each little
point, showing wherein it was weak and wherein it was strong, and
concluded an able and exhaustive review of the case by remanding the
prisoner to jail for extradition.

FIGHTING TO THE LAST.

Still Burke did not despair. Under the laws of the Dominion it was open
to his counsel to apply for a writ of habeas corpus, in order that the
decision of the Court might be reviewed. Nearly three weeks' delay was
allowed for this purpose. People wondered that, considering the fact
that Burke's available assets at the time of his arrest footed up little
more than $50, he was able to retain two prominent attorneys, whose
fees must, even up to this stage of the case, have aggregated more than
ten times that amount. They wondered still more, when the announcement
was made that the case of the suspect had been taken to a court of last
resort, and which comprised Chief Justice Taylor, Judge Kellam and Judge
Dubuc. Th