The semi-weekly messenger., 1907-07-30

Asheville, n. c., july 27.-Suiting
his action to the word of Governor
Glenn. whd yesterday announced
that railroad officials higher up
should be reached, Police Justice
Reynolds today issued warrapts SIM
ultaneously for the arrest Of Presi-
dent Finley. Of the Southern Kali
way, and fd Ticket Agent Wilson.
Mr.. iFinley was arrested early III
the forenoon. and was released on
habeas corpus proceedings early IN
the afternoon. while the ticket agent,
who was taken from his post Of duty
thus compelling numerous passen-
gers to board trains without tickets
was arraigred in the police court in
the forenoon.
Attrneys for the Southern signified
their Willingness to proceed with
Wilson's tral, but Judge Reynolds an
nnounced that the hearing would be
postponed until Monday. Counsel
declined to give bond, hoping that
the court would turn the prisoner
| over to an officer. and thus pave
the way for habeas corpus proceed
ings. but Judge Reynolds check
mated this move by saying that he
1Sauld take personal charge of the
ticket agent. A few minutes later,
however. it became apparent that
Judge Reynolds simply meant that
he would take charge of the prisoner
"constructively. for he remarked
that Mr. Wilson could follow him
around all day if he wanted to-"
and then walked off. leaving the
agent to go his way unmolested. but
feeling very uncertain about his
| legal status. I,
1t was quite early that Mr. Finley
was apprised Of his prospective ar
rest A policeman went to Battery
Park Hotel with the warrant, but the
hotel people refused to volunteer
any information. The officer con-
sumed some time in finding the rail-
road man. In the meanwhile the rail-
way officials We're playing for time
and the officer was persuaded that it
was his duty to read some important
appearing documents. handed to him
before Mr.. Finley should be rushed
to the police station. In this way
the machinery of the federal court
was set in action and things were
running smoothly in this respect by
the time. President Finley had con-
cluded his breakfast.
1t was only few moments after
Mr.. Finley had actually submitted to
arrest that he made application for
| release, and then Judge Pritchard,
in the United States court, signed the
writ which was served on the police
man while the party was on their
way to the police court. Thus the
course Of the procession DETECTED
from the police to the federal court.
President Finley and all the officers
were examined as witnesses during
this habeas corpus hearing, and Judge
Pritchard was apparently nettled
when he discerned d Disposition on
the part of counsel for the state to
show that he had issued the writ
for the release of President Finley
before the actual arrest Of that gen
! tleman. ''AIl right, go ahead and
prove that" observed Judge Prit-
charG, as Mr.. Finley was questioned
on this point by Judge James H.
Merrimon. It was the contention Of
Judge Merrimon that Mr.. Finley was
only technically under arrest, but
the policeman testified that he was
under instructions to arrest Mr.. Fir
ley and take him at once to the po-
lice court, and as the warrant read
that way, Judge Pritchard conclud-
ed that the executive head of the
Southern was being deprived of his
liberty and ordered his release.