The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-21
SUPERIOR CpunT-SpSCAl TENN.

The Tennessee Bank Cnsc-Argument Of COun.
se; Before Judge McCunn-The Prisoner Rut.
Ter Discharged from Custody.
Before Judge McCunu.
III ne Matte, or George II. Rutter, President or the
FIRST National Bank Of Memphis 7e'an.--This case,
the particulars Of which appeared in the law reports
VI the HERALD yesterday came up again yesterday
morning before Judge McCunn on motion for the
discharge OF the prisoner from the custody OF Super
5nteBdent Kennedy.
Mr.. Charles Stafford, on behalf OF the prisoner, In
moving tor mis- discharge, said:-The prisoner comes
before your Honor writ OF habeas corpus III
rected TO Superintendent Kennedy, the return 10
which consists solely OF requisition from the Gov
erD0r Of Tennessee An afndavit is made by an
attorney here swearing on Information and belief de-
rived from Geographic dispatch from Tennessee, that
thie man Is charged with CRIME there. Neither Of
these is sufficient. The statute defines the evidence
necessary 10 authorize mandate IN cases Of tins
character. This must consist either OF the lndict-
ment or OF certlfed copies OF the aihdavh on which
he held. In determining the validity Of TINS pro-
cess If can call ii process (for there ~ processl
al ALL but IN determining whether or not That re-
QUESTION constitutes a sufficient ground for the
arrest ana detention OF the prisoner Bere desire 10
call your attention to the act OF Congress which gov
erDs all these proceedings. The question whether
offence was committed In the state OF tennessee
not issue before yon at all The only question
whether the prisoner Is legally IN duress In de-
determining that gnes ion this act Of Congress Is OF the
utmost importance, because this whole proceeding as
respects the requisition depends solely ana exclu-
eiVoly this OF Congress. Inc act says th1S.-
whenever the executive authority OF any State in
the Union shall demand any person as a fugitive
STATE or Territory TO which such person shall have
fed and shall moreover produce copy OF an IN
dctment signed by or AFFIDAVIT OF magistrate
charging the person SO demanded Win having COM
raited treason, felony or other crime, certified as
Authentic 10y the Governor OF the state rom whence
the person he'd 1t shall be the duly OF the Governor
or executive authority or the state to which such
person shalt have hed TO cause him to be delivered
back" &c. BY virtue OF this statute MIR.
Sanford continued there are certain prere
qusites 20 the exercise 10y the executive authority
Of this state OF his power TO cause the alleged fug
tive from Justice to be arrested and surrendered.
These are first the demand by the executive o. the
stale from whence the prisoner II alleged to have
ned. and that demand must he supported ana
backed by competent proof. And the act OF Con
proof shall be upon which tue Executive OF this
State may exercise this authority. Tie proof must
be copy or an indictment, signed by, or an aida.
W. before the committing magistrate in the state OF
Tennessee, charging the crime; and such copy OF
indictment on AFFIDAVIT must be authenticated by
The Governor Of the state whence the fugitive Is
alleged TO have fed. NOW, such papers are pro-
dacoa here You have merely an unsupported de-
pnand--a demand not supported by any evidence
whatever. This ielegraDbic despatch and this afii-
dayit maae here are so much waste paper 49,.
Judge McCunn-l supposed until now that this
AFFIDAVIT was made 10y some one In The state OF Ten
nessee
mand OF The Executive Of Tennessee, Governor hor-
man should inadvertently OF precipitately grant his
ported, 1t would be the duty OF your Honor 10 revise
his action az | Will show you by the cases shall
cite IN minute. II ~ the dufy VI your Honor 10
view the action OF the Governor aud see whether he
las inadvertently or precipltately issued his war
rant You have here an unsupported return
from the Governor Of Tennessee 10 the GOV.
efDor OF New York for the e1tradItlon
OF tbis prisoner. On IL there IL really
no argument or question before the Cont. onv
cite to your Honor the Mormon case OF Smith, ex.
parte Foptaine Counsel here read from this case
and cOntinued) Here we have not even the papers
upon which a warrant could be issued We hav,
the mere request OF the Governor OF Tennessee &c
10 the Governor OF New York, asking him to extra
iite this person. This man has been In prison since
last Friday-a week to-day tie has been In close
confinement, during which time ample opportunity
has been afforded for the production OF prope
papers, II Is the duty OF your Honor, in q habeai
corpus 10 ascertain whether or not this party y
illegally confined
Judge McCunn--That is the only question.
Mr., Sandford--I need not say anything about TN
great importance OF this right IN all times, and nov
the law should endeayor 10 guard the liberty whic
III " empowered to fully protect.
counsel associated with Mr.. Sandlord SAID Una
she statement OF the case was ti,is:-Ths gentleman
the relatof. was president OF the First National BAN
ol tennessee ia that bank deposited abou
1o0OooO, known as the school fund. The bani
1anedi OF course these deposits were used as othe
deposhs, anu OF course had TO share the same fate
u course the bank had to share the same late tina
these depostors mad to share, There is now pendnI
case before ne highest IN tennessee TO deter
NINE tiIH matter thus gentleman was the victi i'm o
political clHIs there and OF mutual alteration he
tween various parties lie was arrested himsel
individually not hayiag been charged With any
crime. The TelatoT was sent for 70 Nashville ant
before on investigating ctpnriec % the Lepfs
lafnfef'i lie decided 60 go feiOre the comnltie
III lne LeRisature aud The AttoISifY General oDd ID