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—— : “hs r ees, r an rather ‘convinced ‘thet old 2 man Hash really ata not know a whe . Underhill was; but, be that’ as it may, he unquestionably gave the ‘officers ® the | the information that he bad hat night, Jead to his coptare after ee ro ee Aeouning that, Huston. ash ‘has told a rether. "improbably ‘story, a ge proof, in. my judgment, would etill be lacking to show that these = "pen knew that a federal warrant had been issued for Underhill, It's "-toue that he was known to be a fugitive from justice, but very. ‘tow - people imew that he bed been indicted for the Kansas City massacre. “In fact, the writer had no knowledge of that fact, He was merely 21-7 generally known to be an escaped convict from the Lansing State peni~..: tentiary. That these subjects may have kiown that a state warrant had: _ been issued for him would not suffice because the atatute clearly indi~ _, cates that the act has Feference to 8 federal ‘Offenses: tee ee aoe ‘Yow the most ‘thet: ‘the ‘reports ‘disclose as to Bredyta guilt “ ander this section would be that he was perheps present and witnessed *:? the marriage between Underhill end hie wife and made arrangements to have the preacher, who was a berber, marry the couple, I note that both the -<.55"° . clerk ahd the preacher failed to Adentity Brady a8 the many although they - a “: Bey he resembled the mans . : oe Se Se “'Y ‘further note. that pray “denies. ‘that Gnderhili ever stayed ns . -.<:, 7’, bis home, T understand the facts to be thet Brady really had no home But et: oe _ tat he lived with his nother, ure, Ross,” erie . a “3 a oo the setter up, we find that ‘Underhill 18 dead and that. the two Nashs gave the officers coneiderable information that would have. tended te bring about the apprehension of Underbills #hile the only proof as to Brady was that he may have been in the company of Underhill and ran 8 ~tgetn’ t state that I am of the opinion that the proof * not be sufficient to warrant a prosecution under ghe section referred tos . I note that thia section provides a maximum penalty of six months in jeiis: * Perhaps if the proof was eufficient to justify ‘a prosecution wder this - , section, it would be ‘pufficient to establish a conspiracy between Brady ,, and Huston Mach, but not. a8 Aad od man. Reshs j Same fi at was, aw ° “Section 2062,, Yolune + ‘Okiahoms: Btatutes ion, F mo “to cover a prosecution in the state. courts, That section goes so far as to.” ; \ 7 a make it an offense to even clothe or harbor or secrete in ony way. any Person A is “ead enough etisiahenahi La clathrate diteniie ahd ahaa biel Mittal seinen Semele To A a ema NT An Te ape serra pence pe ceapns scheme eo re ate wotc am Be Vater ne fo “at MTL Me hone + Ce ee ee erie ne ene yan ene ee