The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-22
AN EXTRACTION CASE
TO be Heard by Gov. Russell
on Next Monday.
A Knoxville, Tennessee, Bank Charges Baxter
ShemweII With Getting $3.50 From
il by False Pfetence.

Mention was sometime ago made of the
fact that Baxter Shemwell, a druggist
and business man of Asheville, had been
arrested, charged with obtaining $4,000
under false pretense from bank i'll
Knoxville, Tennessee.
Also it was stated that Shemwell had
appealed to Governor Russell not to grant
extradition papers until he could be
heard-that the prosecution was malic-
ious one and without due warrant of law.
In accordance with this request Cover
nor Russell has delayed action in the
matter and has fixed next Monday as
the day for hearing the case. Shem-
we'll is represented by Messrs. Locke
Craig, of Asheville Frank Robbins, OF
Lexington, and Spencer B. Adams, Of
Greensboro Mr.. Adams was here yester-
day to see the Governor in regard to the
case.
On account of the hearing before the
Governor, Judge Stevens, before whom
the action was brought in Asheville, has
postponed the trial until next Thursday.
The facts in the case seem to be about
these: Shemwell is engaged in the man.
ufacture of bed springs. He sold to
man in Illinois, named Maynard, certain
territory, for the sale of these springs,
for $40, 600. In payment of this Maynard
gave his note, secured by mortgage on
certain lands in Missouri. On the note
there appears credits to the amount of
SIS, 500, leaving $4,000 still unpaid.
So far, well and good. Then one day
recently a man who gave his name as
Gorrell, went to a bank in Knoxville and
asked if Baxter Shemwell had been
there. lie was told he had not. Then he
explained that he lived in Missouri and
Shemwen held a mortgage on certain
lands adjoining his; that he was anxious
to take up the mortgage and secure the
lands, and had made an engagement to
meet Shemwell there that day for the
purpose of concentrating the deal. He
expressed great disappointment at Shem-
wells failure to come and said he (Gor-
reid had another engagement in Ala
bama that made it impossible for him to
wait longer. Accordingly he asked the
bank, in case Shemwell came in his alb
sence, to take up the mortgage, if it
could be secured at the unpaid face
value, $4,500 and hold it for him. Next
day Shemwell came and the trade was
made. The bank took the mortgage, paid
Shemwell 81, coo in cash and the balance
in, New York exchange. Shemwell left.
few days later Gorrell returned and
was informed Of what had been done. He
said be had found a tempting bargain
in some Alabama property and not being
sure Shemwell would appear, he (GorrelD
had invested all the money he had with
him in the Alabama property. He prom.
Used, however, to send the $4,000 imme-
diately he got home. In the meantime the
bank was to hold the mortgage.
The bank held it and is still holding it,
for Gorrrell never was again heard Of
And now the bank alleges that Maynard
is a myth and that no such land as that
described in the mortgage ever existed.
Hence it turns to Shemwell for it's money.
Shemwell, on the other hand. says there
is such a man as Maynard and that his
transactions with him were bona fide;
that the land does exist and that it is
the banks duty to realize on it, the
purchaser for whom it bought it failing
in his contract.