The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-19
VOL.lO-NEW SERIES. NO. 6l.

| 24a. Nov. 1-Draft TO order G.. w. 5.
sent to Columbia, from Greene
NllIe ................. ................- oO.OO
20. Nov. 1DCash TO Mrs. Slauson
at Greenville ...................... 800
&c, Nov. 2-Cash TO Mrs. Slauson
at Greeneville ........... ......... $40
q. Nov. 2-Cash TO Mrs. Sauson
at Greeneville .................... 500
2S. Nov. 4-Cash 20 Mrs. Slauson
at GreeneVille ...................-. DIV
%. Nov. 5-Hotel bill at Greene
Vile for family paid by c. q.
+. according TO arrangement
prior TO G.. w, SIS. departure
for Pulaski ,...................... l5.UO
80. Nov. 5-Railroad fares for fam
lily paid by c. G.. f., according
to arrangement prior TO q. w.
SIS. departure for Pulasld...... 1s.42
81. Nov. 5-Cash handed Mrs. Slau-
son while en- route Greeneville
TO Columbia ............"....... 1910
30. Nov. 5-Pullman fares ana bag
gage charges while en- route
Greeneville TO Columbia ........ $50
80. Nov. 9-Draft TO Columbia from
Memphis ......".,. .....,......... 500
IS. Nov. 1S-Check from G. G. +.
while at Columbia ,............. 5000
40. Nov. 1S-Check 10 II. Il. Jones
TO take up G.. y. Blackmores
note duplication written by G-
W. S. and postponed). Subse-
quently il. u. Jones check sent
G.. w. s.. refunding SlS.so.--. l25.25
TENNEssEE's LAW.
Section 54l5 of the Code or Tennessee
provides as follows: If a contract of
loan for use. or of letting and hiring,
or other bailment or agency. be used
merely as the means OF procuring posses
sion OF property, with an intent 10 make
a fraudulent appropriation at the time.
it is larceny"
The items set out in the foregoing list
are given merely 10 show the character
OF the Indebtedness. All the debit Items
are Of the same character. Ii would
be an insult TO the intelligence OF the
inspector of these items TO enter into
an argument 10 show that neither the
items nor the aggregate which they
constitute could be regarded as evil
dences Of money "frauduenuy appro-
priated" within the meaning OF Ten
nessee's law. Here are two men en-
gagged in the business OF insurance, one
of them as a travelling solicitor or IN
surance; the other keeping thoir office,
collecting and managing their earnings,
under an express contract and defTay-
ing the travelling and family expenses
of the travelling associate in business.
These dealings run on for a year, ana
there is a settlement in December ana
balance ascertaned due from Slauson 10
Gerald NJ. Funnel. There Is no mis-
understanding at the time OF TINS set
tlement betwecne Slauson and Gerald
NJ. Funnel There is no pretence or
charge of fraud at the time. II Is not
shown that Gerald NJ. Funnel, with
whom the business was done. ever be
Neved or charged fraud against Slauson.
But Cecil G.. Funnel bought the debt
held by Gerald NJ. Funnel against Slau-
son. He did not charge fraud for
series of months. He sued for the debt,
as due by contract as late as March lOth,
lust passed. lie sent his claim 10 Pc
tersbrrg. where Slauson lived ana kept
house with his family. ordering suit 10
be brought upon it, as due on con-
tract.
SENSATIONAL INSINUA1ION.
II seems that, for some reason not
proper or necessary TO be exposed IN pun
Il. court. Cecil G.. Funnel was very
anxious for Slauson 10 return with ms
family TO Tennessee. HIS easerhess LOT
this return began TO manifest itself IN
;he latter part Of December lNo, appa-
rentIv before he purchased the debt
against Slauson from Gerald NJ. Funnel.
Persuasions falling to bring about SIau-
eon,s return to Tennessee, resort was
soon had TO threats. lie first threatened
IN publish, and then published, circulars
assailing the character of Slauson; ana
mailed them TO insurance men ana
others. lie threatened other ATTACKS
unon Slsuson. the character OF Which
Us not made known to Sauson. lie
,allsed IN Slauson's wife, and rchearsed
Iis threats 10 her. lie did tins on one
occasion on a railroad train ana did IL
80 effectually that tho woman, IN alarm,
,,Srote IN her husband a lettorfrom which
the following extracts are MADE
'No ION Train.
.. =. Cecil arrived I'm Chattanooga
last night at IL. lie mas tolu me ol an
,ba awful things that he could DO TO you.
lie will write TO papa, TO the bank at
- Queglble) and, in fact' 10 every
o,o He will have IT advertised that
,,ou dtd-God knows what. lie sdlu that
co,,ld take our trunks, but Tor our
sol,os be don't want 10 90 that; put II
7 90 on TO YOU before you ana lie come
"a some understanding. he VIII make II
dyeadful for all. He said you nave MS
yailroad ticket; have your lie sald ne
esve Won money 20 90 10 Baltimore on,
and back, If you did not succeed IN ar
ranging things" &c, &c.
Nothing availed TO bring back Slauson
and his family TO Tennessee-neither per-
suasion nor threats. After purchasing
the debt due from Slauson 10 Gerald NJ.
Funnel. and after bringing suit upon
the debt. as due upon a contract, as late
as the 10th of.March just passed, he then
resorted to the eXtraditiOn proceedings,
which have been brought before me for
consideration, the foundation or which
is Cecil G.. Funnell's affidavit charging
the crime OF fraudulent appropriation
OF money.
"a ErTACRANr Perjury
Comment upon his conduct rs unneces-
sary. His charge OF fraud against Slau-
son is an after-thought. The afiidayii
by which he charged the fraud is fla
grant perjury. His prosecution OF this
extradition proceeding is malicious. The
Governor OF Tennessee was deceived, ana
the requisition which he issued for Slau-
son was improvidently granted. The
Governor of Virginia was not advised
Of ana had no means OF testing the truth
OF the allegations OF the requisition But
in performing his duty IN issuing his
warrant directing the arrest OF Slauson.
he took care TO reserve TO him In advance
the privilege Of the writ Of habeas cor
pus, under which he is now before me
/ have thus dealt with the facts In the
case. The prisoner ought TO be uis-
charged on technical grounds also. The
law in such proceedings requires thar
the charge shall be substantially set
forth I'm the papers filed. In these pa
pers there IS no crime substantially set
forth: there Is merely reference to
criminal statute itself, not identified bv
the reference. Merely TO refer 20 a cass
~ criminal acts Is not 10 charge sue-