Chris Von der Ahe was not released from jail to-day [February 17], as he expected to be, because his attorneys could not shape matters up before Court adjourned. The papers, however, have been prepared to make another fight in Court for him. The intention is to have the Court review the habeas corpus proceedings before Judge Joseph Buffington, in the United States Circuit Court. The papers were taken to Von der Ahe at the jail by Attorneys Ferguson and Glover, and President Watkins, of the Pittsburg Base Ball Club, at 4 o'clock this afternoon. Von der Ahe signed them, and his affidavit was taken by a notary public.
This afternoon Attorney John Glover, of St. Louis, and Scott Ferguson, counsel for Chris Von der Ahe, went to the residence of Judge Buffington, on Ivy street, Shadyside, with a new statement asking Von der Ahe to be released on a writ of habeas corpus. The bill cites the laws of Missouri, which they claim are essentially different from those of this State relating to the arrest of prisoners on bail pieces. They are also prepared to offer any amount of bail that Judge Buffington may decide upon. The bill also states that they have been deterred in their action owing to the bill for $971 attorneys' fees for the prosecution. A decision will probably be reached to-morrow.
Von Der Ahe's Side.
Mr. Ferguson said "I am not in a position to state our exact reason for renewing the application at this time without making myself appear ridiculous in case we fail. I want to say now that my only reason for asking the Court to allow an appeal when the matter was up before was in order to kill time. I was expecting a telegram which would put me in a position to furnish bail, and if it had come Mr. Von der Ahe would have been in Missouri to-day. But when it began to appear that to urge further the mater of an appeal to the Court was discourteous I submitted. There are other ways of finding access to the Supreme Court. It matters little what happens here; this case is sure to go to the Supreme Court."
The Other Side.
Attorney C.A. O'Brien, representing the other side, says that the United States Court has decided the case, and, Von der Ahe having been turned over to the local authorities, the case is no longer within the jurisdiction of the United States Courts.
-Sporting Life, February 26, 1898
First, Sporting Life did a fantastic job of covering this story. For weeks, after Von der Ahe was forcibly abducted, they would do an entire page each week on what was going on. Just a great job by them.
Second, I'm not a lawyer but that last statement by Von der Ahe's lawyer doesn't make a lot of sense and makes me feel that he didn't have the best of representation during the Affair. I've had this feeling for awhile but this just hammered it home. Von der Ahe, as I've said many times during this series of posts, could have settled with Baldwin on numerous occasions but didn't. This was very likely because of Von der Ahe's Teutonic stubbornness but I think his lawyers played to that and were not giving him the best of advice.