Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1875-09-24
THE TURPTN CASE.

frlsuner by Reason of HIS An
pOintment OF Messenger fFom AR.
kahsas--The WaFran Insumcient.
This morning the case of George w.
Turpis came up on habeas corpus before
Judge Halsey, of the Second Circuit
Court. Mr.. King POston presented the
following papers, issued by the Governors
Of Arkansas and Tennessee:
The Stair OF ARKANSAS.
To Samuel McCarty, greeting:
Whereas, A requisition has been is.
sued, directed te His Excellency ]. d.
Porter. Governor of the State of Tennes.
see, for the body Of George Turpin,
charged with crime of murder in the
second degree, in the county of Arkan.
sas, in this State. Now know We, that,
reposing special trust and confidence in.
your ability and integrity, you have been
appointed messenger to 90 to the State
Of Tennessee and receive from said au-
thorities of said State the body Of the
said Georgin Turpin. You are, there
fore, commanded to proceed to the said
State and take charge of the said George
Turpin snd deliver him to the custody OF
the Sheriff Of. the county Of Arkansas,
in this State; and do you make due and
speedy return of this writ.
In testimony whereof, | have hereunto
set my hand and caused the seal of the
State to be affixed, at Little Rock, this
10th day of September, A. D., 1875.
A. 81. GARLAND, Governor.
By the Governor.
B. B. BEAVERS, Sec'y Of State.
By G. w. ST.. CLAIR, Deputy.
Accompanying the above requisition
was attached the official warrant of
Governor Porter, instructing the Sheriff
of Shelby county that one Sam McCarty
has been appointed by the Governor of
Arkansas as agent to receive a fugitive
from justice named George Turpin, now
running at large in Tennessee, and EN-.
powers said McCarty to receive said Tur-
pin from any Sheriff, Constable, ETC., SO
SO as to convey said Turpin to Arkansas
for trial. The warrant of Governor Por-
ter is of date Septembe- Is, 1875.
Judge T. W. Brown, attorney for the
boy Turpin, delivered an elaborate and
able legal argument against the legality
Of the warrant issued by the Governor of
Tennessee on the ground that all the
necessary provisions of law were not
complied with, as not stating that any
crime ia specified therein, etc, and ac-
cording to the case Of Clark in the Ninth
Wendell Reports, such is absolutely nee
essary in order to make the warrant SUI
fcient to hold the prisoner and turn him
v to the agent Of any other State.
Two things are necessary to make a
Governors warrant legal: First, the fu-
gitive must be demanded by the Cover
nor Of the State from which he fees;
second, a copy Of the indictment or aft
davit must be presented to the Governor
and must charge that a crime has been
committed, certified by the Executive
demanding him, and such must be au-
thentic aud must be presented.
Mr.. King Poston, in behalf of Nc
Carly who seeks a reward and acts as
messenger appointed by the Governor
of Arkansas, claimed that the warrant
may not be as clear as possible, but it was
sufficient for all purposes, and claimed
that the prisoner should be turned over
to the messenger from Arkansas.
Judge Brown claimed that the pris.
oner, under the law, was entitled to his
liberty.
Judge Halsey-"M My opinion 10 that
the requisition and warrant are INSULT
Gent TO hold the prisoner, but / will be
allow to discharge a prisoner, knowing
the fact that a requisition has been is.
sued for his arrest and rendition. The
court refuses to surrender the prisoner
on the warrant issued by the Governor
OF Tennessee, but will hold the prisoner
in custody, so that the prosecutor ma
have time to have the warrant amended
BY the Governor Of Tennessee. The.
court will hold the prisoner in custody
until tomorrow afternoon at FIVE o'clock,
and in tho meantime the Sheriff is in.
atructed to take a bond from the prisoner
in the sum Of $4,000, to appear front lime
II time"