The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-14
RUSSELL DECIDES
AGAINST SHEMWELL
The Case a Proper One For
RequiSition
is NOT A BUNCO GAVE
is NOT A BUNC0 GAME
And Not an Attempt to Extort Money
From ShemWell.
HABEAS CORPUS PROCEEDINGS FOLLOW
If They Are Decided Against ShemweIl He
VIII Have to Go to Tennessee and
Stand Trial. An Interesting
Case.

Governor Russell yesterday refused to
revoke the eXtradtion warrant, which was
issued some time ago at the instance of
the Tennessee authorities for the arrest
of Baxter Shemwell This case has
aroused considerable interest in North
Carolina on account Of the fact that the
defendant figured as principal in one OF
the most noted murder trials ever held
in this State-the case of the State VS..
Shemwell, who was tried for the murder
of a prominent physician in Lexington.
Mr.. Shemwel has been the greater part
of the time since his acquittal a resident
of another State, but for some time past
has been living in Asheville, where he
is conducting q drug business.
About March 20, of this year, the au-
thorities from Tennessee made requisi-
ton upon Governor Russell for an extra
dition warrant for the arrest of Shemwell,
who, according to the showing of the
Tennessee authorities, was charged with
having obtained money from parties in
Tennessee, under false pretenses. The
showing by the Tennessee authorities
was as usual, by affidavit, and made out
~ III lilo ldSiC case d5olhoI ohCiA" SiA' ~
cordingIy Governor Russell issued the ex-
tradition warrant for his arrest. Shem-
we'll was arrested upon the warrant and
instituted habeas corpus proceedings be-
fore Judge Henry Stevens; and also ask
ed that the rendition warrant against
him be revoked, giving the following
three reasons why this should be done.
/. The requsition papers are irregular
and defective, there being no certificate
from the prosecuting attorney to the eff
feet that this is an indictment outstand-
ing against Shemwell.
=. That not having committed any crime
against the laws of Tennessee, he is not
fugitive from justice.
8. This is not a case for requisition
as it is an attempt to collect money.
This case was argued at length before
Governor Russell about three weeks ago
Shemwell, by affidavit CT Hon. Locke
Craig. set forth the fact that the prosecu-
tors had made a statement Of the fact
that if the amount claimed were paid the
case would be dropped, and by his own
affidavit showed that an attorney for the
bank, had threatened him with prosecu-
ton unless the money claimed to be due
were paid.
The officers of the bank denied having
ever offered to drop the case, or that they
desired to use the requistion to collect
the money, Of which they claim to be
defrauded, but asserted that their pur-
pose was to have him answer to the
criminal charge of obtaining money under
false pretenses.
The whole case hinged on the question
as to whether or not this was a proper
case for requisition. The case was argued
for the defense by Messrs. Craig, Adams
and Robbins; and by Messrs. Jones Ad-
dicks and Rogers for the prosecution
Governor Russell today decided that this
is a proper case for requisition, and de-
MES the motion of the defendant for the
revocation of the warrant.
This decision Of the Governor does not
affect directly the habeas corpus pro-
ceedings before Judge Henry Stevens, and
it is very likely that Mr. Shemwell will
next take up this part of his defense
The latter proceedings inquire merely
into the legality of the detention, and il
the papers upon which the arrest was
made is found to be regular and in due
form, it is extremely probable that Shem-
we'll will have to go to Tennessee and
stand his trial