The Von der Ahe case came before Judge Buffington in the United States Court again yesterday morning. Von der Ahe was not in Court, but was represented by Attorneys J. Scott Ferguson, of [Pittsburg], and John M. Glover, of St. Louis. The other side was represented by Attorneys O'Brien and Ashley. Mr. Glover had charge of the case for Von der Ahe, and did most of the talking. In arguing against the recaption of Von der Ahe by his bondsman, W.A. Nimick, Mr. Glover cited a Missouri statute which says no citizen shall be placed under arrest without due process of law except in cases where parties are caught in the act of violating the statutes. Mr. Glover claimed that under this law the kidnapping of Von der Ahe was a direct violation and that the whole proceeding was irregular and illegal.
Discussing the question of Von der Ahe taking advantage of the insolvent law Mr. Glover raised the point of constitutionality. He showed that while a citizen of the Commonwealth of this State can avoid payment of oligations by embracing the advantages of the insolvent law he must first show that he has been a resident of the Commonwealth of Pennsylvania for a period of six months. This, according to Mr. Glover, debarred Mr. Von der Ahe and makes it impossible for him to get out under the law of insolvency. Mr. Glover contended that such a law is unconstitutional, inasmuch as it gives to citizens of the Commonwealth of Pennsylvania rights that cannot be enjoyed by persons from foreign States.
Taking up the bill of costs filed by W.A. Nimick against Von der Ahe for the recaption of the latter, Mr. Glover and Mr. Ferguson argued that any attempt to detain Mr. Von der Ahe or keep him in custody for such an alleged debt would be clearly illegal.
Judge Buffington stated that he had in no way receded from his position as outlined on Friday last, but wished to allow the defense every opportunity of carrying out their intention to appeal the case. The Judge then issued a writ of habeas corpus, returnable on Wednesday next, at 10 A.M., when Sheriff Lowrey and Jail Warden McAleese have been ordered to produce Chris in Court and show cause why he should not be released from custody. Arrangements have been made with a trust company here to furnish bail on that day in case the Court decides to reopen the case.
-Sporting Life, February 26, 1898
Cardinals pitchers and catchers report on February 17.