Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-08-26

Il did yet appear from the affidavit it,
aelf that a crime had been committed in
The State Of Illinois, the prisoner must
be discbarp ed. 1.-THE insufficiency Of the
affidavit con stituted ground why the
demand for rendition should be refused,
snrelv. oounsel argued. the absence Of
any indictment or affidavit whatever
would necessitate the discharge Of the
prisoner. He had been in confinement
for over a week, during which time an
ample opportunity had been afforded for
the production OF the proper papers, to
say the least. 1t was not question
whether the proper papers could be
furnished. II was the duty of his Honor
to determine whether the party was
legally confined, and If not, it was his
duty to discharge him forthwith. Coun-
sci said he need not expatiate upon the
importance and value Of this writ all
these considerations occurred as natu-
rally to his Honor as to himself and to
every lover of liberty. He submitted
that it was OF far more Importance that
guilty man, If he be such, should escape
all penalty than that this community
should be subjected to the risk OF arbl-
trary arrest at the mere instance OF a
stranger, through the instrumentality Of
telegraphic dispatches.
Judge McCunn asked for a statement
of the case against the accused.
Mr.. Pryor said that he was advised that
Mr.. Rutter was President of the Tennes-
see National Bank. In that bank was
deposited 5000, 900, known as the school
fund of the State. Through the vicissi-
tudes of business the bank failed, and, Of
course, as these deposits were used the
same as others, they shared the same fate
with the rest. A litigation was now
going on IN reference to the matter in the
highest court of Tennessee to determine
the question whether these funds were
bank assets. This gentleman was the
victim of political crisis. He was ar
rested, charged with embezzling the funds
of the State, and taken before the Attor-
ney General OF Tennessee at Nashville.
III was asked: Will you go before the
court or before the Investigating COM
mittee Of the Legislature He decided
to 20 before the Legislature, and the At.
torney General and the committee Of the
Legislature all signed an agreement to
release him il he weuld tell all he knew
in regard to the distribution Of this
money by way Of loan among the Rad
ical politicians Of Tennessee. he an
swered all their questions. They said
they we're satisfied, and dismissed him to
his home. The original essential ques-
ton was whether Mr.. Rutter originally
rightfully received this deposit.
JudgeMcCunn-The funds we're loaned
out to the customers Of the bank and the
bank failed2
Mr.. Pryor-Yes, sir, and the hank paid
back 100000 OF the 100000 to the
| State. This proceeding, as is apparent
| from the affidavit, is not instituted by the
Governor Of Tennessee at all it is o
proceeding. initiated and stimulated by
the surety upon Mr.. Rutter's bail, Ia
this Gaze there vas not pnlY nat tdue
process of Law" as required by the Con
stitution of the State, in depriving man
of his liberty, but no process at all. 1t
was an insult to the conrt to ask it to
| hold this man without warrant of process.
The statute says, forthwith to dis
charge" in spch case, and not to remand
until warrant may eome. This gentle
man nov lives here, counsel said, was
engaged in business here, and his family
was here. Judge McCunn asked Mr..
| Hyatt for the authority upon which he
acted ia the matter. Mr.. Hyatt read o
letter from Mr.. f. s. Davis, in which 1t
was stated that the deposit Of the school
fund was procured by fraud, and Rutter
was arrested. He (Davis) signed his
bond for ~ 300 for bis appearance. He
was notified a short time since that judy
ment had been rendered against him on
the bend for the non-appearance of Rut-
ter. He had then procured requisitiQn
from the Governor for his return.
Assistant District Attorney Blunt asked
for an Adjournment for two hours, to give
an opportunity to obtain the proper
papers from the Governor. IF they did
not have them then they would abandon
the ease, De ked an affidavit that an
application bad been made to the Gov
ernor, and the papers only awaited the
signature of the private secretary, who
was temporarily absent.
Judge McCunn-I doubt very much, II
the Governor requisition had come here,
whether wasld, Hidey the liscg IN ta ces,
let this man DO taken to Tennessee, after
having heard the uncontradicted state
ments made by his counsel. l doubt
whether could, 10 fairness TO the people
of this State, let him 90.
lnspsetof Wslling wished to say that,
so far as the Bolice Department we're
concerned, the arrest was made upon the
statement Of the Sheriff of Shelby county,
Tennessee. They knew nothing about
the steteusnt made bT Mr.. DAVIS coun-
sell
Mr.. Blunt then read the affidavit OF
Alfred W. Taylor, Deputy Sheriff Of
Shelby county, Tennessee, to the effect
that he was sent on here from Tennessee
with requisition from the Governor OF
that State to Governor Hoffman for the
person of George X. Rutter, charged with
larceny, breach Of trust, conspiracy and
embezzlsment, and was indicted there
for by the grand jury OF Davidson county,
Tennessee; that he went to Albany on
Thursday with copy of the indictment
aud the requisition, to get the Governor 8
warrant for Buffers rendition, bnt the
Issuing OF the mandate vas delayed on
account of the absence Of the Governor s
secretary, whose signature was neces-
sary, and that the requisition would be
brought here by the $3.50 train from
Albany. Mr.. Blunt asked for an ad-
ieurnment until that fine,
Judge McCunn-The relator has been
held illegally one week. and / have ad-
journed the case several times. don't
mean to countensnoe such illegal deten-
ton any longer Twill discharge him on
the authority Of the case in SANFORD.
7, "a mot the dutv of the court In recommit