Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-09-29
CRIMINAL COURT.
Important Habeas Corpus Case.
A Citizen OF Pine Bluff Arrested
ON RequisittOn from tine
GOVeEnoF of PennsyE-
Vania---PFOceedIngs
I'm ahe Case.

aCRIMTNALC oURT-FsM. Hunter Judqe.
The petitioaBf habsas cofpdSo Of Isaac Altschule
was heard, but not decided on yesterday.
The petitioner alledged that heRas a citizen
q Pine Blum, Arkansas, and or He27Ih day o.
Sept, 1865, was seized whilseeh attendance at
ehurch, and hurried en- bcsrd-e boat by one W.
A. Smith, and carried to MemrhiS and that hs,
yves the'e in custody OF said Smith, at No. IA
Front street, at the Office of Busby & HaIchef
and that the said smith ayows his intention to
remove him beyond the limits of the STATE OF
Tennessee. The petitioner prays thai the canss
OF his restraint may be inquired Into, etc.
The petitioner, Altschule, was brought out ON
writ Of habeas corpus, the defendant, Smith,
making the following return:
Henry L. smith, for returns TO writ Of habess
| corpus. says that ne has chaigeo Of tho prisoner,
Isaac Absolute, and hold hin il custody by
virtue of the authority OF the Governor Of the
State of Pennsylvania, said charge and custody
having been obtained by reqDISition OF sand
Governor on the Governor Of the STATE ofArkas-
/ sas: that said Isaac Altsehule be n turned TO the
State Of Pennsy Ivsnia, IRON which state the
said Isasc Altschule Is a fugitive from justice
and IN the courts Of which State he IL
now under Indictment for obtaining goods
under false prstsnses, and FOR further answer
says that he is now ea route 70 SAID state of
Pennsylvania; That the said Absolute be tried
for said u1ense under the laws and in the state
where the Olfense Was committed; and prays
further. that the authority herewith exhibited
be considered as accompanying this return.
That ne, the SAID Henry L. smith, received the
said Isaac Altsc1ule IRON the lawful Sheriff OF
the county Of jefferson, IN the state OF Atkan-
sas,and that said Sheriff ARE ted said Absolute
by virtue Of the warrant OF the Governor OF
tno STATE Of Arkansas. ObtaiJed from said
Governor OF arkansas, by virtue OF a regular
rrquis.tion from the Governor Of Pennsylvania,
which said requIsiJiOu was accompanied BY a
true copy OF the Indictment under seal Of the
said Court Of the state of Pennsylvania, all oil
which Tefede1vered 70 ana LEFT with said 5her-
if OF the state of Arkansas and said Governor
Of Agkausas, HENRY l. SMITH.
SULs044Oe~ @Hu S"O4H ~ g r,prpu n ~
September Is, 1851.
The petitioner by his attorneys, Messrs. RAN
delphi and Hammond, filed a summon to the
return Of the said Henry L. Smith as follows:
Before Hon. VIM. Hunter, Judge, in the mat
ter OfIsaGc Alt5ehule on petition Tor HRbess
Corpus.
The petitioner for answer to the 1eturn Of the
said Henry l.. Smith, says the Same is not suf-
drient in law to authorizes the Imprisonment
and detention CT the said petitioner, and he
therefore demandst that because,
J.. The requisitlon OF the Governor OF the
state OF Pennsylvania is insufficient to author
ize the arrest and dstention Of your petitioner,
or Al lesss for anything that appears in the re-
turn, was not ana IS not Surdcisnt for any such
purpose.
?. This warrant ofthe Governor Of P~ennsyl.
Vania IS not produced before the Court, nor
any copy 0flt, nor Il copy Of any indictment
or affidavit authorizing ths Trial Of petitioner
in the state OF pennsylvania on a criminal
charge.
& 40 warrant or authority for arrest Of the
petitioner from the Governor OF the State Of
Ark&n52s Is SHOVEL nut u any copy CT any
such warrant OF authority shown, and IL Is hot
competent for the said Smith to show, as he
mas attempted 70 do by his return, that my
such warrant or authority, ia fact, existed or
was executed,
4. II Is not competent fer tha said Smith, 10y
his return to show the existence or contents OF
any OF the records OF papers re.eTred TO by him
in his return. excSpt by the records and papers
themselves, or by certified cOpi=s OF them,
5. The said smith shows no legal authority
FOR restraining or imprisOning your petitioner
in the State OF Tennessee.
BANDOLPH d HAMMOND,
Ioy Petitioner.
The only paper exhibited IN 'ths cause by
Henry L. Smith was the appointment, by the
Governor Of Pennsylvania, under the seal OF
the State, of Henry l.. Smith as agent, on The
part OF the State, to receive the said Isaac Ait
schulz from the authorities of Ike state Of
ArksnsaE-he being charged by indictment in
the Court OF oyer anu TeTniner and Quarter
Sessions ofthe Peace for the city and eGunty OF
Philadelphia, VITA tho crins Of obtaining
goods UndeF ia4se gretenses, committedin said
county, etc.
Asssrs, Randolph, mmO and YeTgar ap-
pcared for the Petitioner. MeSsrs. Wallace and
Hubbard appeared fer the agent of the State Of
Pennsylvania.
Mr.. Randolph made sn argument for the pc
titt1Eer upon the Issues presented by the return
and the den urrer thereto, bu. did not conclude.
He viii nuish his argument to-day, the case
being set for 10 o'clock PIN when he Will be
followed by the other COUNSEL engaged in this
important and interesting investis alton. In
the meantime the prisoner was admitted to
bail In the sum Of 5000 to appear to-day.