Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1875-11-05
THE TIGHE.SMITa CASE.
Justice winters Holds shat A. N.
smith and j. J. smith are entity
OF kidnapping, ana Discharges
from Custody j. m. shaw.


Justice winters Holds that A. N.
smith and J. j.. smith are Guilty
OF Kidnapping, and Discharges
from Custody j. N. shaw.
This morning Justice Winters deliv-
cred the following opinion in the case Of
the State vs. ]. ]. Smith, A. NJ. Smith,
]. NJ. Shaw and John Trantham, charged
with kidnapping ]. NJ. Tighe:
The defendants, ]. ]. Smith and j. NJ.
Shaw, we're arrested together with A. NJ.
Smith and John Trsnthsm upon a war
rant charging them with kidnapping the
prosecutor. ]. NJ. Tighe; the affidavit
for arrest charging them further with
msltreating said Tighe while be was in
their custody as a prisoner. A. NJ. Smith,
the principal, having waived an examin-
alton, has been bound over to the next
term of the Criminal Court; John Trant.
ham has been released by the entering
of q nolle prosequi as to him; so the
question is as to whether j. j. Smith
and j. M. Shaw have been guilty Of any
offense from the proof adduced.
The Court is Of opinion that the tech
nical offense Of kidnapping has not been
committed by either Of these defendants:
and further, that the evidence is not
such as to justify the binding over of J..
N. Shaw for any ofense at all. Now, as
to j. j. Smith, Code 1913 says: "Ifany
person, by color Of his office, wilfully
and corruptly Cypress any person under
pretence Of acting in his official capac.
ity, he shall be punished by fine not ex.
ceeding one thousand dollars, OF impris-
onment in the county Jail not exceeding
one year" A. NJ. Smith, as apears from
the proof, was the agent appointed by
the warrant OF the Governor Of Tennes-
see TO arrest and carry j. NJ. Tighe to
the State Of Ohio for trial. Code, sec
ton So, says: THE term sheriff, CON
stable or coroner, or other word used for
an executive or ministerial officer. in
cludes any person performir & the duties
Of such officer, either generally or in
special cases"
The Court is of opinion that the proof
shows A. NJ. Smith to have Leen guilty
under section 1918, constituting the same
with the light thrown upon it by section
50 above quoted. The proof further
shows that j. j. Smith was present aid.
ing and abetting in all that was
done by A. NJ. Smith. Code, sec
ton 45S8, makes all aiders aud
abettors principals, aud punishable
as such. The Court is further of opinion
that by sections 506S and 1904, that it is
the duty Of a magistrate sitting as a
committing court to lock to the proof
and see-6rst, has any oifense been com.
mitted; second, is there good grounds to
believe the defendant guilty thereof. II
so it is his duty to bind the defendant
over to the next term Of the Criminal
Court to answer the same.
Without going into q discussion OF the
proof, which has been very yoluminous,
and without making comment upon any
of the facts shown by the eyid nee, the
Court will do what it thinks 10 be its
plain duty under the testimony and the
law-that is, release j. NJ. Shaw ana
bind j. j, Smith over to the next term OF
the Criminal Court in a bond Of $1,000
to answer the offense described in section
1918 of the Code abave pet forth.
P. M. WINTERS. j. P.