The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1891-04-23
THE CASE OF JENKINS AND HALL.
They Fail to Get Discharged Under
the InsOlvent Debtors Law-The
Decision Of Clerk Perry At
tirmed by Judge Whitaker.

Another turn was taken in the jenkins !
and Hall case Monday. Failing to Sc
cure their release from jail under the writ |
of habcas corpus recently argued before |
Judge Winston, in Oxford, the defend |
ants gave notice that they would appear |
before Clerk of the Court Perry on Mon |
doy and demand to be discharged under |
the provision of the insolvent debtors |
law, they having been i'll Jail 20 days. |
The petition of Jenkins and Hall was ad- |
vocated by their attorneys Messrs. I. I. |
Hicks and T. NJ. Pittman, while Messrs. |
A.C. Zollicoffer, W. R. Henry, W. H.
Cheek and J. H. Bridgers, attorneys for |
Col. Burgwyn, argued against it, they |
taking the ground that person impris- |
oned under order of arrest issued in a |
case for unliquidated damages, can not |
be allowed to "swear OUT or be dis |
charged under the insolvent debtors law
until 20 days after the case has passed
to final judgment.
After full hearing of the case the
Clerk refused to discharge the prisoners,
and they then appealed to Judge Spier
Whitaker, and the case was heard by
him Tuesday in Raleigh. Messrs. Henry
Zollicoffer and Cheek appeared for the
plaintiff and Messrs. Hicks and Pittman
represented the defendants. Judge Whit
aker refused to grant the petition, az
firming the decision of the Clerk, holding
that in such a case the defendants were
not entitled to the benefits of the insol-
| vent debtors law The defendants then
appealed to the Supreme Court.
From the following it will be seen that
another and altogether unexpected at
tempt to get Hall released and beyond
| the Jurisdiction of the laws CT North Car
DINA, was made. A requisition upon
the Governor of North Carolina was is
sued by Gov. Northern of Georgia, for
Hall, the charge upon which was wanted
being assault and battery-an offense
committed in the city of Atlanta, his
home, on the Lib Of November last. The At
lanta Constitution publishes the following
which explains the matter:
State of Georgia, Fulton county, City
of Atlanta.-I, J. T. Honesty, in the
name and behalf of the citizens of Geor-
gia. charge and accuse Dan Hall of the
county and State aforesaid, with the Of
tense of misdemeanor, for that said Dan
Hall in the county aforesaid, on the 18th
day of November, in the year 1890,
did make an assault upon the person
of one J. T. Honesty and did then
and there unlawfully beat him, contrary
order, and dignity thereof
| December term, 1890.
j. T. HORNESBY, Prosecutor.
| F. NJ. O'BRYAN, Solicitor.
| City Court of Atlanta.
| Hall was put under bond in the assault
and battery case, the same paper states,
and his bond was forfeited Upon this
charge a requisition was procured and
a Mr.. Frank Arnold of Atlanta, was ap-
| pointed the agent of Georgia to receive
Hall and take him back home. Mr.. Ar
mold came here and was represented to
be lawyer who had come from Atlanta
to appear in behalf of Hall and Jenkins
in the case to come to up before Clerk
Perry Monday. He took no part in the
proceedings. however, and subsequent
results showed what his real business
here was. In an interview with gentle
man soon after his arrival he asked if
there was no way to get Hall out of the
trouble he was in, saying he (Arnold) was
representing Mrs. Hall and his desire was
to get Dan home again. He said he had
| question and was not concerned about
his case.
| The requisition of the Governor of
Georgia was laid before Gov. Holt, who
without knowing that Hall was held in
custody within the jurisdiction OF North
Carolina, issued his warrant for him,
which, however, was recalled as soon as
he was acquainted with the facts in the
case. The following from the News and
Observer explains the matter:
Immediately after the conclusion of
the hearing before Judge Whitaker, it
came to the knowledge of the plaintiff
! talu Hio COuuSCl UldO Vic a.
Arnold, who came on from Atlanta
several days ago and who has been in
consultation with the defendants and
their attorneys, being introduced by
them as a member of the Atlanta bar,
had obtained requisition from the
Governor of Georgia for Hall, charging
him with being a fugitive from justice,
upon which requisition Gov. Holt had
issued his warrant.
| The plaintiff also received a telegram
from Henderson saying that there would
be an attempt to take Hall back on this
requisitiOn proceeding before counsel
could reach Henderson and that the
Sheriff of Vance would probably deliver
him on yesterday evening to Mr.. Arnold,
the extraditiOn agent. The plaintiff i'm
mediately represented to Governor Holt
that Jenkins and Hall were in custody
within the jurisdiction OF North Carolina
under and by virtue Of her laws. of which
fact Governor Holt knew nothing. The
Governor at once telegraphed the Sheriff
at Henderson to hold Hall until further
orders from him, and wrote Mr.. Arnold,
the extraditiOn agent, that for reasons
satisfactory to himself he withdrew the
requistion warrant.
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