was a fugitive. The police judge had no proper jurisdiction in the case since the law specifically provides that the accused shall be brought before the circuit, superior, or criminal court. The police and private detectives had no legal right to make the arrest since the law provides that such arrests must be made by a sheriff or constable. The seizure of McNamara's private papers was illegal. The Indiana statutes (Acts of 1905, section 56) define the right of search and seizure. No such act as was exercised by McNamara's abductors is therein permitted, (cf. Fourth Amendment of the United States Constitution.) He was refused the advice of counsel. It is thus certain that in the kidnapping of McNamara and in all attending circumstances a series of flagrant violations of State law and of the Federal Constitution have been committed. (Statement of Victor Berger, congressman.)

An affidavit, by the assistant district attorney of California, sets out a telegram received from W. J. Burns on the 15th of April, week previous to the arrest, which reads as follows:

Chicago, Ills. 4/15/11.

I have arrested and am holding in Indianapolis, Ind. J. J. McNamara.

As I understand the practice in the executive department of California, before a requisition will issue there must be a showing that the party has been apprehended…. In order to obtain that requisition Burns sent this telegram on the 15th of April…. He was not arrested until one week later so that the information was—to use the only correct term—a lie. A brother of McNamara and this man McManigal were arrested in the city of Detroit. They did not go through the forms of extradition. They simply arrested them, took them into a flat in the city of Chicago, held them ten days, and then carted them to California…. These police officers under the guise of this search warrant for dynamite … drilled into the safe and abstracted the check-books, et cetera…. I went to the court to which the return was supposed to have been made of this search warrant and he referred