The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-05-15
THE SUPREME COURT.
Opinions In the Hatfield Moe oy and Coy
Bernhamer Cases.

Opinions In the Hatfield MCCOY ana Coy
Dernhamer Cases.
WASHINGTON, May lathe supreme
court today rendered an opinion sustain
ing the decision OF the court below in the
case of Plant Mahon appellant, vs.. Abncr
Justice, TALLER Of Pike county, Ky. This
is an application for writ Of habcas cor
pus arising out OF the celebrated Hatfield
Mccoy vendetta, and Is brought here
on appeal from the circuit court Of the
United States for the District Of Kentucky,
which declined TO grant the writ. Mahon,
who isa citizen Of West Virginia, was in
dictcd in 1882 by the circuit court Of Pike
county, KY, on three charges OF williul
and deliberate murder. In September OF
last year the Governor Of Kentucky made
n rcquisiton upon the Governor Of West
Virginia for the surrender of Mahon 10
answer the indictments found against him,
and appointed Frank Phillips an agent TO
bring Mahon into the State Of Kentucky
when arrested under tho rcquisiton.
The Governor Of West Virginia refused TO
comply with the rcquisition, and Ia Janu.
ary last Phillips and Others seized Mahon
In West Virginia and iorcbly carried him
10 Pike county, Nv, where lac was thrown
into inil, charged with murder. The Gov
omor of West Virginia made a formal de-
mand for Mnhon's release, which was 70
/ fused 10y the Governor OF Kentucky, and
application was then made Tor writ ol
| haleas corpua. II wRs contcnhcd on be
| half of Maion that this nction oil Philhp
| WIS violation OF the constitution OF IN
United States, In that II deprived him ,
his liberty without due process Of law
while counsel for the State II kcntuck
maintained that The net 1T Phillip IN sciz
ing Mahon was unauthorized, but that th,
State III Kentucky was fully Justified IN
holding him when lac was found within
her borders and that the question ol how
lac came thcro WIS not 10 be- considered
ANY remedy brought Ia be- applied, II WI.
asserted, must be brought against Phillips
| for the trcspaH and not against the state
OF Kentucky. Justice Bradley dissonied.
The court also rendered an opinion In
the ease oi Geo. Benson, appellant, w. Juan
| Navarro, Mexican consul general and the
| republic ui Mexico. This u an applica
ton for writ Of hnbcns corpus brought
here by appeal from the cinruit court 81
the United States for the Southern district.
that court having decided thc application
fora writ. This RusiuinH that decision.
This suit IL known ~ the pglu ticket
sNindling oi the City Of Mexico.
The court rendered an opinion denying
the application II Coy aud lcrnhamcr iul
writ ui huhcns corpus. These Eases M,
better known ~ the Indiana tally sheet
election fraud casoz, aud grow out 81
frauds alleged TO have been committed In
Marion county. Ind, in the election las
November Coy and Bcnhaincr wop
convicted Of completely To- the frauds, and
the latter II now serving out term %
eighteen month"; Ia the Michigan City
pcniicniiiry, while Coy ~ confined In IA,
Marion county iail, being too sick 10 be- 70
moved to The poniicnliary. Recently
however, Brrnhamcr hns been taken from
the pcnilcntnry aud brought 10 Indian
npolis IN testify Ia cnsrs brought against
several other election officers. " was con
tended on behalf Of the prisoners that the
Federal court had no Jurisdiction 10 try
thom, as the alleged election frauds con
ccrnrd only the county ticket and lid mol
affect the congressional election. Opinion
by Justice Miller, Justice Field dissenting