Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-11-06
THE KIDNAPPERS.
Opinion of Recorder Winters-AIeXan-
der VI. Smith and ]. J. Smith Adj
Judged GUILTY.. VI. Shaw
Discharged The Grand
Jury and Attorney
General.
Recorder Winters, after several d

Recorder Winters, after several days
OF consultation, yesterday delivered his opin-
ion in the Tighe-Smith kidnapping case.
From the decision IL will be seen that j. NJ.
Shaw, whose diSgraceful conduct and lam
guage toward well-knOwn lady OF this city,
mas been discharged from custody. The other
parties are however, held in pail to answer
the charge of kidnapping, and 1t is nov the
duty of the encouragement OF the criminal
court Luke +. WrlghD to see that they are in
dicted for violation of the law. The sworn
evidence Of witnesses has been read by the
public OF Memphis, and the citizens can feel
no sense of security If such acts as the one
committed by the Smiths are permitted by
the legal authorities. The opinion of Justice
Winters is as follows:
The defendants, j. J. Smith and j. Nj. Shaw,
were arrested together with A. VI. Smith nd
John TTantham upon q warrant charg ing
them with kidnapping the prosecutor, j. VI.
Tighe; the affidavit for arrest charging til en-
further with maltreating said Tighe while he
was in their custody as a prisoner. A. NJ.
Smith, the principal, having waived an ex-
aminatl, u, has been bound over to the next
term or the criminal court; John Trantham
has been released by the entering of TlOHe
PT0sequi as 10 him; SO the question Is as to
whether J. ]. Smith and J. NJ. Shaw have
been guilty OF any Ofense from the proof
adduced.
Tense of kidnapping has not been committed
by either of these defendants; and further,
that the evidence is not such TO Justify the
binding over OF j. ID Shaw for any oftense at
all. Now, as to J j. Smith, Code 1913 says: "lf
any person, by color OF his office, wilfully and
corruptly opp ess any person uuder pretense
of acting i u els official capaciry, he shall be
punished by fine not exceeding enc thousand
dollars, or imprisonment in the county Jail
not exceeding one year" a. NJ. Smith, as APP
pears from the proof, was the agent appointed
by The warrant of the governor OF tennessee
to arrest and carry j. NJ. IIghe 10 the state OF
Ohio for Trial. Code, section %, says: THE
term sheriff, constable or coroner, or other
word used for an executive or ministerial
officer, includes any person performing the
duties OF such officer, either generally or in
Ihe court is OF opinion that the proof shows
a. VI. smith To have been guilty under Sec
ton 1913, constituting the same with the light
thrown upon II by section % above quoted.
The proof further shows that j. j. Smith was
present, aiding and abettiBg in all that was
done by A. NJ. Smith Code, section ASS,
makes all aideis and sbe;tors principals, anu
punishable as such, The court is further of
opinion that by actions 5O63 and 1904, that il
is the duty of magistrate sitting as a COM
Uniting court to look TO the proof and See
first, has any Offense been committed second,
is there good ground to believe the de-
fendant guilty thereof. II so, il is his duty to
bind the defendant over 10 the next term Of
the criminal court TO answer the same.
without going into discussion of the
proof, which has been very YOlumlnOus, and
without making comment upon any of the
facts shown by the evidence, the court will
do what it thinks to be its plain duty under
the testimony and the law-that is, release ].
NJ. Shaw and bind j. J. Smith over to the next
term OF the criminal court in a bond of one
thousand dollars, TO answer the offense de-
scr1oed IN section 3SI3 OF the Code above set
forth. Pm. WINTERS, j. P.
ANOTHER TURN.
Yesterday ]. j. Smith, through his attor-
neys, MeSsrs. LngwCOd and Eddtngton, APP
Piled Tor and Obtained a wit of hdbedS corpus
from Judge Flippin, who will hear the case at
twelve O'Clock to-day. The ruling OF Recorder
Winters is not very clear specimen OF judi
cial wisdom, when IL is remembered that
Alexander NJ, smith waived an examination,
and was therefore sent before him for trial.
However, this will hardly act as a hole for the
escape OF J. J. Smith, as the grand jury is now
in session.
BALTIMORE, November 5.-The steam