National Republican., 1880-10-29
THE PERRY REQUISITION.
Second Day Of the Hearing Before Chief
Justice Cartier.
POrry's Counsel Intimato why Their Client
is Opposed to Returning to North
CarolinR-Au Attempt to Ball
doze through the Courts.
Tho North carolmn IsxtradItIon Case.

Tho hearing In the case of Samuel l.. Perry,
wanted on a rcquisiiou from the governor OF
North Carolina TO answer the charge Of forgery
In that state, was continued before Chief
Justice Cartier, sitting in chambers, yesterday
morning. bIessrs. II. f. Merrck aud r. S.
Davis appeared for the estate and Mcssrs. Shella-
barger & Wilson aud Professor Il. +. Grcenor
for Perry.
Mr.. Shellabargcr resumed tho argument on
behalf Of the accused. He said that since the
close Of the bearing on the day previous he
had concluded 10 say very little, as be cOnsid-
cred the argument made by Mr.. Wilson to
have been very full, able, aud completely COW
ering all the points to be advanced by his side
lie cited tho case Of Kingsbury in Massachu.
setts, ~ i thought that it completely covered
The position taken by Them. The authority
in that case showed that party should be de-
livered up on rcquistiOn unless there Is some
fault IN the record. Right there it applied to
the case at the bar lie said that they would
rely on the DeunEon case, In gath Howard,
TO support them IN the position that they as
sumed. An Indictment might be good in cer-
tain elements, but u must ho substantial In
charging crime, and it Is tho duty Of the ex-
ccutivc TO inquire into and see If crime had
been committed.
His honor said that tho speaker had joined
conviction with him, and he should look into
it and see IL crime had been committed; but
after le has made investigation and found
| that an attempt had been made to establish
| crime, could he 90 forward and further aud see
fthe paper was sufficient to warrant the reudi-
tion Of the man2 Ho had made up his mind
| to SEQ if q crime was charged aud If this rec.
ord was properly made ont. He did not be-
I licvc that one executive was TO be made the
instrument for the sinister duty of another
executive, or that a muu should be cXtraditcd
into another jurisdiction out of his own be-
| fore being properly arraigned. What lie
| .vuY ,fn1 10 l. Nvna lOy hn un n
investigating under this Indictment
| Mr.. Shellabarger was glad TO know that his
honor had reached the point indicated In his
views just expressed. He did not think he
would be better able to lay down tho line
between the technical aud immatcrial points
aud the substantial oucs in the indictment
than the court had expressed. He thought it
was sufficient to say that the charges in the
indictment must be clearly aud implicitly set
| forth, otherwise it was a faulty and worth
less record.
In closing lie remarked that himself and
colleagues were acting upon information re.
ceived by them, and they believed the object
| of this proceeding was quito utorior to the
objects which appeared in the papers, aud If
this was truO the exuadition would result in
disaster.
Mr. Nerrick said that he was nt loss to
understand the Omnous remarks made So
far as he was concerned he knew nothing Of
any other purpose than appeared on the pa
pers. lie was willing now that the doors
should be thrown wide open, and If it could
be shown, as claimed, he would be entirely
willing to let the man go.
Mr.. Davis said that the agent of the state,
| Mr.. Bgby, had never served n writ in his life,
but in the interest Of tho colorcd people, he
| volunteered to come here with tho requisiton.
Mr. Shellabarger replied that his remarks
were not uttered with any intention TO reflect
on counsel.
They were acting under the sppposition
that there were dangers to this man outside
Of the rcquisiliou, and from evidences in
their hands they feared that ii lie was re-
turned TO North Carolina it would be at the
peril Of his life.
Mr. Merrick said that was q more astonish-
| ing statement than The one previously made,
and he was surprised to hear it come from a
man of his ability, learning and prominence.
| Professor Grccuer thun commenced the clos
ing argument in behalf of the accused. lie
said that not only from the prisoner himself
had they received statements to SHOW that
disaster would follow his rendition, but they
were in possession of letters from his friends
to support the assertion. 1t was not that hC
WAS wanted to answer the trivial charge Of the
forgery of the paltry sum of $4j. but to reGB
revenge for political action Of his, not lOnl
since, in that state. He was prominent In
movement to amoliorato the condition Of hi.
|
OF the whites in tbat locality, and this chOrl
to get possession Of him, 1t was believed, was
for the purpose of personal injury TO the man
Mr.. Davis said that he wished TO say then
and there, once for ali, that there was nc
need of entertaining apprehensions that this
man would not have fair trial if sent tc
North Carolina. The court was now in scs
sion, and there were three or four negroes or
the jury, before whom he would be tried. He
was tired of seeing this political stuff thrown
. into the case unwarIanted and without any
justification.
Mr. Greener said that there might be ne
grocs on the jury in North Carolina, but thcr'
was no proof that they would ever sit in hear
Ing on this case. 1t was easy TO avoid that. !
, the counsel on the other sdo had enjoyed hi
experience In Sonth Carolina and the soutl
he would know that it was most dangcrou
!, experience for 4 colorod man 10 be brought al
for trial. no matter how trivial the charg
against him might be. He was glad to hca
the other side admit that Mr. Bgby was no
a legal officer, but he was not sure that the.
did not know him.
The speaker and his associates by certail
circumstances were led TO believe that Il
was the same man who, with others, fey
years ago, took out nine negroes in the stat
Of North Carolina, cut their throats, carrie
the bodies and threw them iuto the Neus
river. He would not assert positively tina
lHlh WIS but sunni lhNll, put luo lHllldla nNi
tho same, and believing him to be, was one q
the reasons that made the prisoner hesitat
10 20 10 North Carolina with him. This ma
was indicted some two years ago. At tha
time he was school teacher, also occupied
\ prominent position among the people Of hi
: race us preacher, and Wgs looked up to MS
leader. Everybody was indignant aud dis
believed the truth of the charge. With
out difficulty he gave 500 bonds, an
"a from that day to this tho surety ha
I'd not been forfeited or he called upon to stan
Y. trial. Now, ut the expiration of two year
an agent of The state of North Carolina al
rives here aud demands this man to answe
r the charge which he denies that he ever WI
= guilty Of. lie thought the object Of the eflol
to got this man into North Caroliua was to
transparent to admit of any doubt Upo
,, every view of tho case there seemed to lin
is that there could be no doubt Of tho polio!
" cxpedieucy aud Justice of his honor exerclsin
- discretion In this matter in favor Of the pri
Oncr aud declining to remand him, If aftc
, wRrd IL was found that any ong had bee
y done to the state Of North Carolina it woul
be only to the extent OF $l5. In this instanC
it was within the province Of his honor
stand between man aud disaster aud Wind
. cate tho principles Of the constitution giyln
y to man the right Of Il fair aud imparti
= trial aud tho boon Of liberty
Mr. Davis disc!UimGd that anything W,
desired beyond that shown in the papers
get the man in North Carolina and II the
G. was any ultcrior object he would have uotl