Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-07-08
THE POLK CASE.
Only One Juror Secured 0ut OF Panel
OF Ninety. .fiVe-Tbe Fleming
RequisitioD.
A Modern Boz gia-Whisky.Naking in
the Tennessee Penitentiary-A Bold
Bank Robbery.

Special 70 the Appeal
NASHVILLE, July 7.-Gov. Bate was viz
tied this morning by Bannr reporter at
his law Office and questioned as 10 the requi-
sition he issued for Col. Fleming's return 10
Nashville. He replied that the proceedings
as far as he was concerned were perfectly
regular; that the papers came to him from
Attorney-General Washington and Justice
Brown in due form, just as the law requires,
and he issued the requisition as he would
have done had it be-n for the arrest Of his
own brother. To the question as 10 the al
legged false entries on the Treasurer's books,
the Governor said he knew nothing about
them. The Governor also stated that he re-
fased to offer reward for Col. Fleming
or to pay the expenses Of the de-
tective's trip; "but," said the Gov
ernor, You come 10 my Office at
the capitol and will show you all the
papers. The remarks Of Col. Fleming be-
fore Judge Allen are calculated 10 creale. a
wrong .imPression. 1 told Col. Fleming,
when he called on me yesterday morning.,
that was busy with the penitentiary papers
and could not then show him the papers in
his brothers csss, but would do so if he
would call al o'clock This he did not do"
THE CASE CONTINUED.
The case was continued in the Crimi nal
Court this morning, when panel OF ninety
| five was called and only one juror obtained.
There are some amusing incidents connected
with the examination of the panel. William
Haley was asked il he had formed or ex-
pressed an opinion. He answered that he
had.
Attorney General Washington-Have you
got it now?
Mr.. Haley-No, sir; haven't got it with
me.
John NJ. Bell, of the Eighth District, was
qualified.
MR. FLEMIsG's PAPERS.
This morning when a reporter of the Ban
ner walked into the Secretary of States Office
he found Col. Fleming, brother, and the
attorney OF Capt. J. G. Fleming, and Gov
| Bate, engaged in examining the records in
that Office 10 regard to the requisiiion Issued
for Capt. Jennings arrest. The reporter
was shown the warrant, a copy of which is
printed below, upon which the requisition
was granted:
| The State of Tennessee-To all to whom thess
presents shall come greeting:
WHEREAS, Ii has been made to appear
that james c. Fleming, of our county O.
| Davidson, stands charged with u king falss
l antFv on Tho hooka nj tha Traaaurar ~ Tan
uessee of $4,000, and as accessory after the
| fact to NJ. t. Polk, Treasurer, in the embez
element Of S40O,0 1000, the property OF the State
\ of Tennessee, and it has been represented
| that he has fed from justice in this State
| and taken refuge in the State of Arkanss as
and whereas, sgreeably to the provision oil
| the constitution of the United States and ar
act OF Congress passed the 18th day of Feb
ruary, 1898, application has been duly made
| to his exceilency, the Governor of Arkansas
/ for the delivery of said j. c. Fleming as
| fugitive from justice,
| Now, therefore, 1, w. B. Bate, Governor O
the State OF Tennessee, in pursuance of th,
| power invested in me by law, have appoint
ed and by these presents l do appoint anl
commission r. NJ. Porter, agent on the p ar
of this State for the purpose of bringing ih
said j. c. Fleming into this State, havin,
jurisdiction of the crime aforesaid, wheneve
the Governor OF the said State of Arksnsa
shall Cause him 10 be de iyered up sgrees
bly, to the rtquisition aforesaid. These are
therefore, to request and require all person
to permit the said r. M, Porter to receiv
and secure the said j. Q. Fleming and brin
him unmolested into the State having iuris
diction Of the said crime, the agent peace
fully and lawfully behaving, the State
pay no part of the expenses incurred by th
execution of this requisitien. In testimon
whereof, have hereunto set my hand an
caused TO be affixed the great seal of th
State of Tennessee.
Done at the city of Nashville, the BOT
day of June, 1883.
! W. B. BATE, Governor.
d. A. MUM, Secretary of State.
The requisition which was issued upon th
above warrant was review Of the charg;
made iu the affidavit, and does not differ ms
terially from any other requisitiop. The RI
porter OF the Banner, not being able to fin
the affidavit of the Attorney General an
Capt. Thomas l.. Dodd, on which Justice
Bailey Brown issued the warrant for Cap
FiemiDg's arrest, he then called on Justic
Brown 10 see the affidavit, and was told
his clerk that the warrant was issued &
said affidavit, which was attached TO the wa
rant, and that it should be on the warral
filed in the Governors Office.