The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-19
Judge Hughes Vigorous Opinion in The
Tennessee EyiradliOn Case.
SLAUSON RELEASED FROM CUSTODY.
G.. q. Funncll's Reason for Wishing siau-
son to Return with His Family to Ten-
pessee, Judge Hughes Inumates, 10
an Improper One.


OF George W. slauson. of Petersburg.
against {. G. Funnel. OF GreenesVlile'
Tenn.
The hearing before Judge Hughes took
place last Tuesday. Lassiter q Lassiter
appeared for Slauson and Mr.. Il. Garter
Scott for the officer who brought the
reouisition for the insurance man. A
great quantity of affidayits. letters. ana
kilograms were submitted, and Judge
Hughes. after hearing both sides and eX-
aiming a few of the papers said he
would take until yesterday 70 render
his decision He released Slauson on
his own recognizance, and expressed the
belief that the Governors Of both Ten
nessee and Virginia had been imposed
upon.
JUDGE HUGHES OPINION.
Following is the fun text of Judge
Hughes opinion, handed down yesterday:
Circuit Court Of the United States, East
ern District of Virginia.
Richmond, April 1s 1896.
Ex-Parte George w. Slauson. On Peti-
ton for the Writ of Habeas Corpus:
Hughes. J.
On the Odd ultimO the Governor OF Ten
nessee made requisition upon the Cover
nor Of Virginia for the eNtradition from
this State to Tennessee OF George w.
Slauson. a citizen Of Petersburg, Va,
alleging in the requsition that Slauson
stands charged i'm that State with the
crime Of fraudulent appropriation of
money" ana that he is a fugitive from
Justice
The Governor OF Virginia, complying
with this requsition, and reciting that
81 was accompanied by anidavits duly
made. issued warrant On the 14th in
slant, directed 10 the Sergeant Of Peters
burg. requiring him to arrest and secure
Ia nratfnr 90 rrra
out writ Of habeas corpus. and there
after 10 deliver him 10 the custody OF
one Snapp. 10 be taken back TO the state
Of Tennessee, "from which he fed"
Slauson was arrested by the Sergeant
and turned over to Snapp, who COM
mitted him temporarily over night 10
the Jail in Petersburg. From the Jail
there he sent his petition 10 me praying
FOR the writ of habeas corpus. This was
granted, as Of course. and Slauson Is
before me in pursuance Of it.
The writ Of habeas corpus is extolled
by blackstone as another Magma Charta
Of civil liberty. 10 is the most celebrated
writ of Engiish-speaking peoples. 1t
is the process provided by law for deliv-
erance from illegal confinement. The
writ has no respect for persons. 1t lends
itself 10 the humbIest human being. and
questions and inquiries into the action
OF the most exalted persons in the COM
munity and most powerful officers of
government.
AS TO EXTRADITIONS.
In regard 20 extradition, this writ is
indicated by the law itself .as the spe
cial remedy available TO the citizen
against the misuse and abuse of that
proceeding. acquisitions for persons
stigmatized as fugitives from justice.
when issued. as in the case at bar, on
mere eX-parte affidavit. and not found
ed upon Indictment are liable TO abuse,
Little care can be taken 10 obtain the
real facts Of the case by the officers
issuing requisitiOn; papers are prepared
and the demand issued, often in the
most porfunctOry manner; and IL Is i'm
practicable for the Governor 10 whom
the rcQuisition Is addressed to inquire
into the merits OF the proceeding. The
laws provide Tor no hearing TO the al
legged fugitive before the Executives of
the two States. and seems TO recognize
the fact that he has no redress except
IN this writ # high privileges, this writ
Of hahcas corpus.
Slauson Is here clothed by law with
the right TO show why he should not be
taken away from his wife and children
and his home i'm Petersburg. to the dis
tant State OF Tennessee. and there tried
on the vague charge of fraudulent ap-
preparation Of money"
has not committed the crime of a fraud
ulent appropriation OF money" and he
has right 10 show, moreover, the animus
Of the person who has instituted this pro.
ceeding. This writ would he a mockery IN
the case al bar IL 1t were not competent
for me to inquire whether the Governor
OF Tennessee has been imposed upon by
false affidavits.
Slauson shows that his Indebtedness
in Tennessee is a balance OF 81 32S 60.
which Is the result Of their dealings witn
Gerald NJ Funnel during the year 1895
under contract mutually agreed upon and
recognized by both. Their business was
not successful, and towards the close
Of tho year 10 was found that Slauson
would have 10 leave Tennessee and come
TO the East 10 recuperate his finances.
This recourse was talked over and agreed
upon between SlausOn and Cecil G.. Fun
nell the person who is now prosecuting
him. S.auson ana Gerald NJ. Funnel
had been engaged in the business Of So
lcting assurances. The plan was, that
Sauson, on coming East, was first TO
20 TO Baltimore TO consult there with
Mr.. Breeze, a well-known and very prom
inent man in the business OF insurance,
and that SlausOns after movements
should be governed by the result OF his
visit 10 Baltimore. Cecil G.. Funnel
not only advised and counselled Slauson
20 come 10 iIt f&iSl from 4tlitNntt,
but gave him pecuniary aid for making
his visit 20 baltimore.
THE PECUNIARY DEBT.
AS TO the pecnnary debt LETT by Slauson
In Tennessee. IL was made up Of items
set out in a bill of particulars MED Dy
G. G.. Funnel. IN a suit Instituted by him
against Slauson in the Hastings Court OF
Petersburg. on the l0ln of March Just
past. The notice or de,'t 'ation IN me
case claims the balance already mem
toned. "as due TO me by you on contract
as follows:
y. For money due under contract made
I'm duplicate between YOU ana Gerald NJ.
Funnel dated July =. 1895. said
Gerald VI. Funnel having duly assigned
20 ne all Of hls rights and claims tnere-
under.
".2 For money had ane received by you
for my use.
"2. For money advanced you and your
wife. az your request.
-. For money paid, laid out, anc eN-
pended Tor you, al your request.
"Al Of which Indebtedness is fully
shown IN the statement of my account
against you. hereto attached.
which amount OF money Is mostly due 10
rae on contract az aforesaid '--ineaning
slauson's contract with Gerald NJ. run
DeM
The account filed opens with a debit