Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-07-07

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Shelby county, in that State; the war
rant Of Governor Hardin for his delivery,
and the failure of the officer bringing
the requisition, to get Mr.. Thompson
away. A great many stories were st1oat
ia regard to the matter. AS near as we
can ascertain the facts, the case is this:
Some months ago Mr.. Waddy Thomp.
son, as citizen OF Missouri, commenced
suit in the United States court at Mem
phis, in replevin, for the possession OF
certain lot of horses, and other property,
which he claimed as his own, or the
property of another for whom he was
acting as agent. Before the writ of Pos
session was issued, Mr.. Thompson made
the usual affidavit OF ownership, and eX-
ecuted the required bond, giving, among
others, rs security, one Carroll, who
swore, in answer to the inter-
rogatories of the officers tax
ing the bond, that he was
worth fabulous sums Of money, when in
fact he was not worth cent. But I'M
der the writ so obtained, Mr.. Thompson
was proceeding to take possession of and
remove the property from the State
when he and Carroll and Others were
arrested by the State authorities on q
criminal charge. An examination was
IL
der bonds to answer at the next term OF
the State court. The party causing the
arrest alleges, andpIopOses TO prove that
Thompson did not have q shadow Of a
claim to the property, that it was his
property, and that the replevin proceed
ings were deliberately planned to rob
him of it. OF course we cannot speak
OF the merits of the controversy. We
give the facts as we learn them.
The party who claims the property
was former partner of ThOmpson's. 1t
is to compel Mr.. Thompson to appear
and answer this indictment that the Off
Ger, Mr.. G. L. Anderson, sheriff Of
Shelby county, Tennessee, comes with
THE REQUIsITION.
Upon presentation of the requisition
the governors warrant was promptly is
sued. 1t was placed in the hands of
Sheriff Meyer, who proceeded with
alscrity to obey it, and placed Mr..
Thorn pson in the hands of the Tennes-
see official.
But here
A DIFFICULTY AROSE.
Mr.. Thompson was sick abed, and
met the officers with the sworn certifi-
cate Of physician of the city that he
has been a prscticing physician here
for - years, that he has been attend.
ing Mr.. Thompson for - days, and
that he is afflicted with - disease,
and it is dangerous for him TO travel.
This was aI blank TO the officers. Mr..
Thompson did not appear to them to be
in the "lsst stages" and they believe he
was possuming, or playing off on them.
But there he was abed, and to get him
UP, put his clothes On and get him into
A DECENT PLIGHT
for travelling presented problem that
would puzzle the president of the school
board. While they were pUzzling over
the question yesterday morning, and
endeavoring to get him away on the
noon train, the Tennessee officer was
told that the governor wanted to see
him. He accordingly abandoned his
'patient' and sought the governor
The governor had nothing to say, had
had
NO PURPOSE TO INTERFERE,
further than to suggest that the officer
should exercise humanity i'll the per-
formance of his duty. By this time the
train had gone, and 1t is probable the
officer considered himself sold. He was
not little veXed, or SO appeared. In
the meantime he received a dispatch
from the attOrney-general OfTennessee,
saying,
"DON'T FOOL WITH
Waddy any longer; bring him along"
If the officer was determined before,
he was resOlute now, and proceeded at
once to the residence of Mr.. Thompson
for the purpose Of taking him into GUS
tody. Mr.. Thompson was still in bed.
But the officer was there to stay. While
they were thus waiting, q messenger ar
rived from Judge @. w. Miller, Of the
circuit court, in chambers, with writ Of
HABEAs CORPUS,
commanding the officer to appear be-
fore him forthwith, with the body OF
Waddy Thompson, then and there to
show by what warrant he detained the
said Thompson of his liberty. Waddy
at once arose from his sick couch and
put on his clothes, and proceeded to the
courthouse with the officer.
Judge Miller soon after arrived. Mr..
w. S. Pope appeared for the prisoner.
The State was Represented by Attorney
General Hockaday and Mr.. j. r. Ed
wards, county attorney. The agent of
the State of Tennessee presented his re-
turn, showing that he held the prisoner
by virtue Of the warrant Of Governor o.
Il. Hardin, Of Missouri, issued on the re-
QUESTION Of the governor OF Tennessee.
The warrant of the governor and the
authority Of the agent OF the State OF
| Tennessee were presented to the court.
1t was then submitted by the attorney
general that under the terms of the
thirty-fourth section OF the hdbeGS
corpus act, this warrant and authority
left the court without Jurisdiction TO ex-
ercise the privilege Of the act. But the
judge thought
SOMETHING MORE WAS WANTED
to show that the prisoner was not I'M
lawfully detained. Some copies were
necessary. In order that this want
should be supplied the court adjourned
the case till ten O'Clock this morning.
Something was said in the petition
about there being 40 lawful right to de-
tain the prisoner because he was sick,
but that point was not discussed. Mr..
Thompson remained with the officer
from Tennessee last night.
FITCH AND wADDY.
New York Graphic.l
JEFFERSON CITY, June 24.-To. day
was OF great event to the family Of
General Sherman.
His sOn-in-laW, late Naval Officer
Thomas ". Fitch, who married his
second daughter, Minnie Sherman, Oc-
tober l, 1874, visited Jefferson City, the
State capital of Missouri, to compel an
execution on the property of the bank
rupt Missouri hardware company in the
State penitentiary the previous day.
LAST night as | returned from a .tete at
the statehoUse Mr.. Fitch said to me:
"Mighty glad TO see somebody l know.
| You get Up at eight o'clock to morrow
morning and I'll show you some fun. /
have been here all day arranging to
| break into this penitentiaFy and get out
some property. l have my posse and
the sheriff ready, and we go in be-
/ times.p
Fitch is a quick-spoken young man OF
roundish body, healthy and athletic,
with light black mustache and dark
brown eyes, and very considerable ease
! and decision of character. He was an
apprentice TO the Neptune iron cOmps-
NY in New York in 1859, and in 1868, a
! finished mechanic, he entered the navy,
where he remained until six months be-
fore his marriage, October /, 1874. At
that time he went into the Harrison
wire cOmpany's shops at st. Louis, and
worked in a subordinate capacity to test
/ the cost OF the product and see il the