National Republican., 1880-11-11
PERRY RELEASED.
The wrlt unben, corpu. Gram,

yesterday morning to hear Judge Wylio's de.
cisiOn in the habeas corpus case Of Samuel l..
Perry, the colorcd messenger of the second
auditors Office arrested on the charge of for
gerry in the state of North Carolina and re-
mauded at the instance Of Chief-Justice Cart
ter. The counsel for Perry Mcssrs. Wilson
and Grooner, were early at hand; Mr. r. s.
Davis, for the state Of North Carolina, and
| Slr. George X. Bagby, agent for that state
were also present.
| Judge Wylic, in opening his remarks, took
occasion to comment on tho term his excel
| lcncy" used in the requisition, and used too
| frequently and incorrectly, rs he said, because
there were no such titles in America. He
/ quoted the law of 1893 and the statute, sec.
| ton 5,27S, to show that strictly speaking, the
! District Of Columbia was not included In tho
term state, within the meaning Of tho con-
stituton. 1t WAS the duty of the chief justice,
MS executive, to look closely at the indictments;
he was to see it was duly authenticated; TO
see that the alleged fugitive had fed. 1t was
also the judges duty in habcas corpus to eN-
| anime into the charge, to investigate whether
! OF not il was properly set out, and 10 inquire
into tho facts of tue escape.
Authorities decided that the writ would
| lie in such case. IL was the courts duty to
/ seek the cause Of the detention. 1t was said
/ that the requistion was issued In good faith;
not in the public interest, but rather out OF
/ revenge against the prisoner because of his
| connection with movement to send his pcO'
| pie to homes In The west. Ii is urged he will
not havo a fair trial il sent back TO North
| Carolina. Some testimony had beon given pro
and con on this point, but he doubted whether
| the fears Of the prisoner and his friends would
be realized If the accused was remanded.
North Carolina had high reputation In her
| courts. Tho prisoner had warm friends. The
case had attracted wide attention, and If the
rc!ator had not proved conclu,iyely the fact OF
| III treatment tho inference would be that hc
| must be returned. His honor did not believe
! the duty of the chief justice purely minis.
! torial, and he read from the statute to show
that it was not. For example, "a requi ition
unaCcOmpauied by an ind tmont would be OF
no effect; It would bo void. The Indictment
must be carefully scruiuiaed, IN the interest
Of justice and in tho interest OF tho prisoner,
to see If properly made out, and the charge
| ALSO aud, further, If the relator was a bona
fde fugitive. There was prima fdci1 case OF
hght Perry knew Of the charEc-ndccd,
was present ut the first examination, where
his friends raised the Sl00--aud had
left, apparently thinking tbcro would
be no more of tho affair. His honor
hero reviewed the history Of the case
touching on the suspicious nature of the
moral atmosphere which surrounded the case
the lapse Of time since the first trial, the
ridicuously small character of the bond com
pared with the oilansc-iOrgery. At best, II
had not been shown that either of the Perry'
uttered It. 1t is not a mandatory order by
one having authority to issue. IL says "the
treasurer will pay" There Is no proof that
any one was dcrraudcd. Why should the
state Of North Carolina hunt this man down
He seemed to have good character nothing
had been found against him at home, nothing
since he had been here, whore he had con
Quoted himself Ike q good citizen. Why
does the state send Alr. Bagby, farmer here
Lagrange is only seyenty-fyc miles from
Raleigh. Why not send proper Office
or deputy or constable There was some
thing strange about this private citizen ap
pcRring. But beyond all these circumstances
the indictment was defective. II did no
aver that the parties drawing the order wcrt
he school committee or had any authority
But this bad been decided necessary by th
supreme court of North Carolina in the BOI
Thorno case (G6 n. c., 1li). An attempt haC
been made to show that the law of Nortl
Carolina ON this point was copied lro,n tn
English aud was not essential. This did no
touch the question. The case of the King VS.
john Ciinch u ech Crown Law p. GID wa
an English case OF the highest authority OIL
two points o., An order must bo directed t
somebody; (2l, it must appear in tho indlci
ment that the pcrgon whose name Is charged I
be forged las authority to make such an orde
as the forged order purporls to be. In spite q
lie should discharge the prisoner, he pertorme
tho duty moro gladly since it was evident this
no loss would DO sustained by the state
North Carolina and substantial end OF justiC
bu defeated. If he was bad man tho stat
a did not want him back. Besides, if tho pri
j oner were sent back, if innocent ho migl
2. languish in Jail months before the trial ii a
appeal were heard ii might be two years b.
fore it could be heard. These facts, togctht
, with the smallness Of the amount ut stak
made him the more ready to act. case ha
occurred last week Of II prisoner who la
remained in Jail eight months. Eve
in international law II foreign natio
would not surrender prisoner with sue
papers as were presented here. Perry WI
= not merely Il citizen Of North Carolin
: but % citizen also Of tho nation, whc
was also bound under this same constitutio
! and Same article; to protect his rights. 4
: such citizen he would be permitted to &
. wherever he saw FL; and as lie had chosen
live here for more than q year, that pr
!, sumption OF citizenship should have du
/, weight in his favor. The prisoner is di
I charged.
a The excitement in the courtroom WI
> at times intense, and at the close Porl
and his counsel were surrounded by frieut
: and warmly congratulated. Mr. Davis aro
aud said in behalf Of the state OF North Car
,, lima that they would not press Il
n case lulInel' NlI' DaspJ lSohcd IoIAOl
!. young attorney here arose and sa
i Mr. MerrclI would appeal the Gus
!. at which Mr., Davis looked surprised. Mea
d while Perry aud his wife, counsel and frien
p. were jubilantly crowding down stairs, ble'
I. ing the judge and keeping wary eyes on Il
! venerable marshal, who was Watching for ~
y breach Of dcCorum
- Mr.. Davis, IL is said, telographcd to Go
erHor Jarvis last evening for Instructions b
; with what result is not known.
- Just RecoiVeu.