The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-30
THE SHELBY CASE.

| The Shelby habeas corpus case was called
up in the Superior Criminal Court yesterday
1t will be remembered that this case was con
tinued from the 10Th Of January until yester
day.
Lionel Adams, Deputy Clerk, stated thai
he had received reply to the letter that he
had forwarded to Judge Osborne under di
rections of the Court.
Judge Osborne stated in his letter that he
had already drawn up couple of orders TO,
the removal of Shelby to Colfax, Grant par
ish, and that with the last order the Sheriff oil
Grant parish, Mr.. j. w. Callum, came in per.
son to New Orleans and demanded possession
of the body of Shelby; but upon his demand
ing the body, Capt. Baker Pegram, keeper Of
the Parish Prison, refused his demand unless
accompanied by s1lS. the amount due him
tor the keeping of Shelby.
Cailum not having the funds was compelled
to return to the parish of Grant without his
prisoner.
Tue Sheriff, Col. VIM. Pagan, was called to
the stand and said that there had been no ap-
plication made to him by Callum for Shelby;
| that he was always willing to get rid of pris-
oners who belonged to other parishes, and
that lie has at all times been ready to give up
Shelby.
Capt. Baker Pegram was next called, and
testified that on the 7 OF January J. W. CAL
lum did make an application to him for
Shelby, and that, not being satisfied with the
order which was presented, he referred the
gentleman to Sheriff Pagan, and told him if
that gentleman Endorsed the application it
would be correct aud the
PRIs0NER WOULD BE SURRENDERED.
Capt Psgram also said that he particularly
mentioned that the amount due for the board.
ETC., of Shelby, amounted to $l18, but did
not remark that he would not give up the
prisoner until the amount was paid. Callum
left and never again returned.
Mr.. Nchol, clerk of the Hotel Pagan, cor
robofated the statement of his captain.
Mr.. Palmer, another deputy keeper of the
Parish Prison, stated that about the 7th or
8,h Of January, a man called with one Will
hanson at the Parish Prison to see Shelby.
He said he was not acquainted with the m. IN,
but asked him if he intended to take Shelby
away with him. and he said no, that he could
not get him to the parish OF Grantin time for
trial before the court adjourned.
Judge Steele asked Mr.. Wallace if he had
proof to sustain the charge that Callum re-
fused 70 take SneiDy 10 Grant parish on per-
sonal grounds-that is, that Shelby might be
considered the legal Sheriff there.
Mr.. Wallace stated that he had no proof,
and could do nothing, but that Judge
Braughn when on the bench, sitting as Judge
of the Superior Criminal Court, decided that
the commission held by Callum was null, and
that conse quently Shelby, being Coroner, was
the proper person to act as Sheriff of the
parish OF Grant, there being no vacancy.
DECISION
Judge Steele said that he did not like to re-
lease man who was charged with murder,
especially when prima .tdcie he was fugitive
from justice. He therefore ordered the clerk
to inform the authorities of Grant parish, IN
der the seal of the court, that unless they sent
for Shelby before the 10th day OF February
next he would be released without further
proceedings. The case was continued until
that date, when Shelby will be set at liberty
if he is not taken away by the proper officers
of Grant parish before that date