Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-28
I he Alleged Exodus Leader, Perry.
FRoCEEpINGs IN COURT TO DAY.

the NOItl Carolina VINO was arrested
on a bench warrant on Monday last. based on
requsition from North Carolina. where he Is
indicted for forgery, was resumed-Messrs.
Shellabarger Wilson and X: T. Greener FOR
the prisoner, and MeSSrs. X. T. Merrick ana r
:. Davis for the state OF North Carolina
MI SGe11aoarger said that probably he should
ADDRESS the Court as TOUR Excellency." and he
al concluded to call the attention Of the Court
toa few points. He called attention to the C ase
Of kfngsbury Q0G Mass, 223), "a an authority
that The papers may be examined. They would
Ieiy On the doctrine fG the DenniSon case {34th
Howard), which he claimed means that the In
d1Ctment Is an artificial structure, and which aS
an entirety is required to have certain tixed
Elements. 1t may be defective as an indictment
aid yet be good as a statement of a crime. The
committed.
The court said that he conceded with Mr.
ShellebaTgerS views. He had made up his mind
to see IL crime had been committed. After he
made investigation and found that an attempt
had been made TO establish a crime. co1ld he go
warrant the prisoners rendition. He had N aie
up his Mid 10 see II crime hal been cJmnlI-
ted; whether the prisoner Was a refugee or
fugitive from justice and whether the apo,Ica
tion was IN good faith. lie did not believe tina
1t was contemplated that the executive sh 3ul1
be made the instrument OF reh iition for IA In
direct or sinister purpose. How far he could 90
Id Investigating the case was the question With
him.
MIR. sheliabarger expressed his qualification
that the court had come to the conclusions he
had expire ssed, and he claimed that the charges
In the indictment must be clearly ana tnlpitcifty
set forth, otherwise il was faulty. He uro.
ceeded TO read authorities in 56th New YORK
and other volumes.
POLITICS IN THE CASE.
he closed by remarkiDp thai they are acting
ON Information which led them to believe
that the OBJECT OF this proceeding was quite
Interior to the objects which appear In the
papers, and II this nan Is extradiGed 1t may
result In disaster.
Mr.. Merrick said he was at a loss to under
A. fara t1o,x
ctrned ne Knew nothing Of any other purpose
IMAM that Which appears on the papers. He
was willing now that the doors be thrown upon,
ana II they could show this he would say let
the man 20.
:. MIR. Davis said that the agent of the state.
Mr. Bagley. had never served writ in hts life,
Out IL The interest OF the colOred people he
volunteered TO come here with the reQuistl1n
MI. Shellabarger said that his remark was
not intended TO reflect On counsel, but that they
counsel for defendant) were acting on the be-
HeI that there was an object outside OF the
papers. They had information that If this man
was taken back to North Carolina the chan ;es
are that he VIII be destroyed.
Mi. Merrick.-That Is more extraordinary
statement than the preceding one.
Inc Chief Justce.-Go on with your case
Mr. Greener at 11:05 o'clock commenced his
argument. saying the drift OF the decisions was
mat the executive could examine as to the
crime and the Object. and claimed that in the
h1mpton case In 1873 the doctrine was plain.
He would admit that there NAV be any form or
Indictment Fortunately the oflicer here sat
both as judge and an executive and he pro-
ceeGeo 10 claim that it must be shown that a
crime crime had been committed. They were abe to
snow that on occount Of certain political SER
vices and certain disturbances they desired TO
get the prisoner to North Carolina
Mr. Davis said that he could not see why this
stun should pe 1nterJected In the case He
denied that this man would have any other
than fair trial, for there had not been a inry
on which from to 10 negroes had served for 10
years and or were On the grand Jury who
found this bill. He hoped this political stun
would be kept out.
Mr. Greener answered that had Mr.. Davis had
tne same experience he (the speakeD had In
North and South Carolina he would proDabiy
not be sure that negro would have fair trial
there. He was glad that the other side had al
N TIED that this Mr. Bagtey, the agent, was mt
knew him. He could not say that he was the
same man, but his name and initials are the
same as one Mi. Bagbey, who some few years
ago look out nine negroes and cutting the r
fhrOatS threw their bodies into the Neuse river
1t may be that they could show that he was the
same party. The prisoner recognized him as
the man, and hence his fear OF being returned
10 North Carolina Ia his charge. Mi. Greener
said that the prisoner never was fugitive from
justice, and hen he was indicted friends came
up and went his bail He was here temporarily
Only. and would have gone back to North Caro-
lima long since for trial. had he been called on
with the assurance that he would have had
la1r Trial. After reading several other author
titles, Mr.. Greener said the Chief justice should
take Into consideration the lapse OF time and
the small amount involved, and they would
snow that there were political motives in this
pTote ding. The Chief justice had the power to
exercise executive discretion. The OBJECT OF
the proceeding. he said, was Transparent, and
there was no doubt OF the policy, eXpediency
and justice OF exercising discretion In favor OF
tire prisoner and declining to remand him. Ii
it was found TO be wrong the only
party injured would be the state OF North Caro-
ma. to the extent OF SIS. In this case it was
within the province of the Chief Justice to
stand between a man and disaster. and vindt-
cate the principles of the constitution, giving
TO man The right CT fair and Impartial trial
ana tie booI- 81 liberty.
Mr. Davis disclained any Interior motive
aCtualfi 6 klul. and II he thought for In9Il41t
ttat there vas any other object sought tam
what appears by the papers he would abandon
the case at oLce. There "a 10 man living who
would do more than lie In defending the rights
Oh The COiOred man.
The Chief Justice said that he believed that it
was his duty to examine as TO the objects
sought by the process-whether there was any
other service than that contemplated by he
constitution sought. He directed the attention
Oh me counsel To the question OF authentica-
iMr. Merrlck at noon commenced his argu-
men., ard referring to the statement OF Judge
SneiiaoaIger snat There was an end sought not
aplaiehl on the race OF tine papers, he said why
have they not brought forward some proof. He
0lo not Know That they intended that this state
Wbiia Wig lug , nave us weight with the court
counsel for the prisoner were in political SYM,
patty he thought they did him WRONG If thev
supposed lnat SUCH statement would affect his
judgment. This question Is as was that In rooSf
OF tne Cases quoted In relation to a colore1 man
or as Mr.. GTeener says "a negro.n lie han
hoped that they had got rid OF the colored man.
out 1t appears they have not. Here he is
tMr. GTeener-In the wood pile) well in the
wood pile. Mr.. Greener knows better than
where he stays.
M Merrick then read the article OF the CON-
S1tution and the act or 1898 and matntalnsd
mat both were mandatory, and when q mau
was charged with crime ne should be given an
This man had violated law In North Caroiiua
where he HAD his home, and he had fled here
ard be should be sent to his home The quas.
tlon was not the amOunt-$i5-involyc1b but
the yindicauon OF the laws of the state He
maintained that the indictment was good and
that the certificate of the governor must be ac-
cepted as pr1ma facie evidence that a crime has
been committed He argued at some length
That the proceedings under United States law
were entirely different from those under the
state, and the Chief Justice was now sitliag as
he exec utive OF a state.
The Chief Justice tntimated that this point
had been argaed long enough. Ii was an inge-
OF IL.
MIR. Merrick said he was glad that the Chief
justice had been faced to blunt denial It was
privilege the courts had, aud the people who
lost cases go TO the corner groceries aud curse
the courts. Mr.. Merrick continued his argument,
and read nom the Denni5on case (Kentuckg)
and claimed that IL was there decided that the
execution could not 60 behind the reduistion.
Judge Cartier said that he did not believe an
executive had power TO go below the record,
unless TO inquire into the Integrity OF the pro-