The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-27
THE SHEMWELL CASE
HEARD BY GOVERNOR
His ExceI|ency Has Reserved
His Decision.
A KNOT1Y QUESTION IN IT
Is 1t an Attempt to Extort Money
From Shemwell?
HIS ATTORNEYS DECLARE THAT IT IS
But the Bank People Say it is Not and That
They Are Seeking to Vindicate the
Law. A Stupid Banker and
Shrewd Trader

SflreWQ ITdueI'
Gov. Russell Yesterday heard the eN-
tradition case of Baxter Shemwell, an
Asheville druggist. charged with OBJ
tanning money in Tennessee under
false pretense.
The matter came up on an applica-
ton by Shemwell for revocation OF
rendition warrant issued last week ~
the Governor on d prima facie case
from Tennessee.
The grounds on which it was asked
that the warrant be revoked were as
follows:
!. That this is not a proper case
for requisition, being an attempt to
use the criminal law to collect money.
,. That Shemwell is not a fugitive
from Justice having committed no
crime under the laws of Tennessee.
3. That the requisition papers are
irregular and the irregularities are
fatal, the certificate of the prosecut-
ing attorney not being attached.
On the last of these contentious
irregularities in the requisition papers
Gov. Russell, after hearing argu-
ment of counsel ruled with the de-
PENDANT, but gave the attorneys Tor
the prosecution time to amend thelr
PAPERS and cure the defects. if they
can. On the second point His Excel
lencv ruled with the prosecution
that Shemwell is a fugitive from JUS
tjce. having been charged with the
commission of II crime in that State.
The first contention is the one upon
which the whole ease depends, and on
this the Governor has reserved his de-
cision.
The case was heard in the Gov
ernor's office. from 1870 to 3:l1
o'clock yesterday.
Shemwell was present. being repre-
scented by Locke Craig. of Asheville;
Frank c. Robbins. Of Lexington. and
Spencer 3. Adams, of Greensboro.
The Holston Banking Company,
which is prosecuting Shemwell, claim
ing that he defrauded it out of S4.5OO,
was represented by its cashier, Joseph
p. Gaut. and it's attorneys Jesse J..
Rogers, of Knoxville, Tenn, and
Thomas A. Jones. of ASheville-
Fhe hearing was commenced with
the reading ofya4fidavits on, both sides.
For the defendant Mr.. Craig read five
and for the prosecution Mr.. Rogers
read four.
The five affidavits for Shemweil
were made by Locke Craig, ~ +. Wea-
yer. j. X. Chambers. II. b. Carter and
Baxter Shemwel The principal ones
of these were Craig's and ShenwelFs.
Mr.. Craig set forth that he had
been informed by Sheriff Lee. OF Bun
combe. that the officers who came
from Tennessee to arrest Shemwell
told him (Lee) that they thought
Shemwell could arrange the matter.
and that he (Lee) understood from
this that the prosecution could be
STONED by payment of the money
claimed in Tennessee. Deputy Sheriff
Viewers affidavit was to the same
effect
Mr.. ShemWell Swore that Thos. \.
Jones. attorney for the bank. came to
his store and ATTEMPTED to collect the
money claimed by the bank. and when
he declined to pay it indirectly threat-
ened him with prosecution. Also he
set forth that when the sheriff from
Tennessee arrested him he (the Sher-
iff) told him (ShemwelD that it would
not be necessary to go to Tennessee
that all the bank wanted was IT'S
money.
The four affidavits read on the
other side by Mr.. Rogers were by
James w. Fox. Sheriff of Knox coun-
tx. Tennessee: James Rich, Deputy
Sheriff of Knox county: $. II. McNutt.
vice-president of the bank. and JOS
eph +. Cant. cashier of the bank.
Sheriff Fox and his deputy, Rich.