Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-09-02
HAsEAs CORPUS.
The Dickens case---Sherif Curry
Declines to Comply with the Writ.
His Return 10 the Municipal Court.

For some time past the counsel in be-
halt of Col. ThOs. Dickens, indicted for
the shooting of Col. Wade Bolton, and
now confined in the county Jail, have
been using every endeavOr to have
their client brought before Judge G..
P. Foute, OF the Municipal Court, for
the purpose of having him admitted
to bail. The question as to whether
or not the Judge named had the right
to issue the writ applied for has been
argued at some length, and a decision
arrived at by the Judge that he legally
held such right. Accordingly the
writ was issued, and the Marshal of
the Court ordered to produce the
prisoner Yesterday morning at IL
O'Clock. In pursuance of his instruc-
tions the Marshal applied to Col.
Curry, Sheriff of the county, in whose
custody the prisoner is, to turn him
over to the charge of the Municipal
Court, which the Sheriff formally re-
fused to do, being advised thereto by
his attorneys.
His Honor, the Judge, thereupon
caused a Judgment Risj to be
entered up against the Sheriff for con-
tempt of Court, in not Obeying the
writ. He was then cited to appear be
fore His Honor the Judge at / o'clock
Yesterday afternoon and show cause
why said Judgment should not be
made final.
At t o'clock, in obedience to the
order, Sheriff Curry appeared in Court
and through counsel answered:
Before Hon. Green P. Foute, Judge of the
Municipal Court of Memphis:
Comes A.. P. Curry, Sheriff of Shelby
county, in his own proper person and
shows cause why, in obedience to the
command of Hon. G. p. FOute, Judge
of the said Court, he did not produce
before him the body of Thomas Dick
ems, at 10 O'Clock am, September l,
1869.
He saith that the said Thomas
Dickens was indicted in the Criminal
Court Of Memphis for murder in the
first degree, and thereupOn the said
Court issued a capias commanding
him, as said Sheriff, to arrest said
Thomas Dickens and him safely keep
TO answer said charge i'll said Court;
and in obedience to the commands of
said capias he has the body of said
Thomas Dickens now in Jail to answer
said indictment.
That the petitioner, Thomas Dick
ems, before your Honor sued out a
writ Of habeas corpus, directed to him,
said a. 2. Curry to bring the body OF
the said Thomas Dickens before your
Honor, in order that the said cause of
the said Dickens Imprisonment might
be inquired into, etc.
To this said respondent made his
returns, setting forth the said facts.
This respondent saith that his re-
fusal to produce said prisoner was
from no diSreSpect to this honorable
Court or unwiliingneSs to obey its
lawful process, but simply from a be-
lief which he still entertains, and
which he acted upon when such Writs
were issued by your HOnOr's prede-
CessOr, that the Judge of the Mu-
nicipal Court Of Memphis has no ju-
risdictiOn over prisoners cOnfued in
the Jail of Shelby county on lawful
process from the Criminal Court of
Memphis, charging, in due form, the
prisoner with murder in the first de-
gree.
He makes said writ and return, said
capias and indictment, a part hereof.
y. z. CURRY,
Sheriff Shelby County.
Court thereupOn adjudged the re-
turn and answer insufficient and made
an order directing the Coroner Of the
county to take the Sheriff into custody
and cOufine him in the county Jail,
and there him safely keep until he
produce the body Of the said Dickens
before the Judge of said Court.
The matter viii be taken up again
this morning at IL o'clock.