Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-11-10

Judge TTytie Releases the Prisoner

SuGge " vac hcfc0SSS rae PRISONER
This morning Judge Wylie, sitting at Cham
beTs In the Columbia Law Building, rendered
his decision in the case of Samuel L. Perry, the
alleged exodus leader, VINO was arrested here on
a TequisitiOn from North Carolina. charging MIN
with forgery IN that safe. Perry after being
placed ia the hands of the agent of the state OF
order of Judge Cartier, was subsequently,
brought before him Judge Wyne) on writ of
habeas corpus. The arguments before Judge
WyHe we've concluded on M0nday-MeSsrS.
ShelabaJger, Wilson and r. T. Greener for the
petitioner and MeSsrs. X. 7. MerricE and r. s.
Davis for the state Judge Wylie took his seat
On the bench at l0h O'Clock this morning aud
remarked that he had Ia The briet Interval since
Inc argument given the CAGE as much consider
ation as he was able TO, recOuated the circum-
stances OF the arrest On the warrant OF the Chief
justice, the delivery OF Perry 10 Mr.. Bagbey, the
agent OF the state, who presented the requlsi-
Ilon, etc. He read the papers, remarhing on the
titles here and they should not be used. A copy
Oh the Indictment Is also appended as required
ana these papers were presented to ttlc chief
justice as the executive, the legislative powers
having placed this duty on him. Strictly and 1t
orally the District Is not within the teens vi Ia:
constitution as to the eXtradftion OF prts )ners.
put we are Bound by the law The chief ju tee
nau 0eclded That Perry Was q fugitive from III,
ttce, and made a warrant for his return, a..
the writ OF baDeas corpus was applied for Sc .
ung tn1mproper restraint OF liberty Juno .ance
OF the crime Charged, and re5tating the obja:-
lions made before the chief justice IJ Is not
worth while at this day 70 examine authorities
10 learn whether the writ or habaas cnrouS
would lie In such case, for that was settled.
He must proceed TO inquiIe into the cause az
Gttenti0n, &c The petitioner sets forth thai
The requfsition was not issued for public goo1-
not In The interest OF public jussice-buL &c was
Ia the spirit OF envy and mahce, because he had
encouraged the exodus. and tina this nrpe I'd
1Dg was fabricated to bring him to punishment
Tor his activity In that cause: and he further
says that II sent back he would not have fair
hot
law these allegations could be INQUIRED into.
lie doubted whether he had made out case on
those points, although he had offered some Wit
Tesses ana presented some letters on that poilt.
says that Perry's life viii be perfectly safe that
ne Will nave fair trial, dc. The court was
lncilned to believe that he Perry would be
perfectly safe, especially as be had friends VINO
Would see justice done. He could not believe
llat Such state Of affairs as was repre-
resented exists In North Carolina to-day. the
p IatT ON S OF the constitution is thai
spring up and prevent fair. impartial trial,
out constitutional laws are not to be admins
tered under any idea that fair and impartial
tr1alS Will not follow He thought ii the reiatOr
mad not made out case he should be returned
10 North Carolina and submit himself to the
law. IL mad been claimed that the Office OF the
Chief Justice in such cases Is ministerial only.
put he the cOurD could not believe it. He reid
the statute On the subject (sec. 5,21S), and said
Inat TequiSltlon without an indictment Or
a al would be null1ty. The executive is
TO look at the Indictment and affidavit. and
ma IL the charge has been made ont
and also If he is a fugitive. This
latter tact must be shown also. In this case il
appears Perry was arrested On this charge
year after the charge was made and held TO
call, and his friends raised the money. IC must
therefore &c presumed that he was aware of the
CT aIge, and 1t is shown that he left there few
& IS Afterwards. The evidence shows, at least.
q triIna facie case 0f1eeiDg from Justice. He is.
Technically. fugitive from justice. The al.
ieg6d forged paper bears date OF December 20.
1873, and nothing WaS done until the fall of 1879
(October), Perry having In the meantime be.
come engaged lii the exodus movement leaving
Lenofr county September 18th. The feeling
against him was hostile and he was warned mol
10 return, but ne went back and, Ike prudent
man, Kept bis friends about him. He was, now
ever arrested and gave bail, and In
hpru, 1850 the Indictment was found.
ouU did not utter It, and When arrested putting
up hundred dollars which the state mas, he
LETT the state, and il is strange that pup!ic
officer should hunt the man down What kind
Of bail is 500 for forgery? He {the courD was
strongly Impressed that there was nothing Ia
the case. Though technically fugitive from
justice Perry was not Intentionally fer he
thought that the 500 having been put up for
aim the case was ended. Reading the fndlct-
Inent ana endorsements showing by witnesses
On the back. two OF whom testified before the
atmosphere around the case is suspicious
Mr.. Bagbey, the agent Of the state, is farmer
or Ienolr county, from the very scene OF the
neat of excitement, which is another suspicious
Usually ShertffS or some sucn
officers axe made the agents in such cases, out
here is private citizen. The forged paper
leads, The treasurer .rU pay. and i is not an
order that he Sh4l pay, nor Is 1t addressed to
the treasurer. lie then pointed out a defect In
the 1ndictment-nC aVernent being set out that
the parties purporting to have drawn the order
we're the school committee, as was decided
necessary In the case OF North Carolilia
agtnSt Bob Thorn, In the supreme court
In that state. There was no averment that
Lad the paper been genuine, 1t would have been
coed. He regarded the paper as no order at
all, ard the Indictment TO be defective. He
would therefore discharge this man from arrest
lie believed that the man was OF 1alr character
and he did not believe 1t would be for the pub
l!c good TO send him back. Thea there was no
certainty OF his having a speedy trial
and he was gratlfied that under the law
he could consctenuOusly discharge this man
BY the man nor going pack, for under a fair
trial he could not be convicted. Under these
1t belonged TO the Judge to exam
lie as TO the crime, and If satisfied that there
Was lone, TO discharge the party. Under the
comfy between nations. no nation would sur
render man under such papers as these. This
nan betrg citizen OF the republic would be
p!easeS. Having lived here a year with the
presumptiOns In his favor he win remain. II
VI as announced that MIR. Merrick would take an
appeal.
During the delivery OF this decision the
crowd (D1ne-tentaS OF It being colOrad rnen)
increased until there were about Is
u the room. and it included a number or col.
Jred ministers, Cadet Whitaker, and the wife
1f Perry.