The Washington herald., 1907-07-28

paper could execute the command. a
United States deputy marshal served a
writ from the United States Court on the
police officer and Mr.. Finley The mar
shall and the patroIman found their way
to the United States Federal building in
stead of to Justice Reynolds court
FFItehard Frees Finley.
Judge Pritchard opened court and sub
sequently ordered the release Of the presi-
dent of the Southern.
Conformity with the issuance Of a war
rant for Mr.. Finley, warrant was also
issued and served on Ticket Seller O. c.
Wilson, of the Southern Railway. Wilson
was taken to the Police Court His case
was continued until Monday, and he was
taken into the personal custody of Judge
Reynolds
President Finley on the witness stand
stated that officer Williams informed him
when he served the warrant that IT was
the officers purpose to remain with me
and take me 10 the Police Court under
/ arrest"
And were you actually in a police Of
ficer's custody?" he was asked.
Yes. sir; and so much SO that 7 ex-
| planned to him that I wanted an oppor-
tunity of getting my breakfast. which I
had not had and he kindly consented :
and had It in my room with the officer
/ present.
On cross-examinaton of President Fin
! ley, counsel for the State undertook to
show that the writ OF the habeas corpus
/ had been procured before Police Officer
/ Williams made the arrest. The writ was
/ procured before President Finley left his
room at the hotel Policeman Williams
went to Mr. Finleys room. read the
order and handed him a copy Of it, and
waited about the hotel until the habeas
corpus was procured from Judge Pritch-
ard and served. If Finley was under
arrest at all, State counsel argued. it was
! purely a technical arrest, and they in
sisted that it did not amount to much
Judge Pritchard stated that he widely
differed with State counsel President
Finley was discharged without argument
upon the grounds stated by Judge Pritch-
ard when ne discharged Wood and VIII
son. ticket agents. last week.
Half Hour TO Get Writ.
Judge Pritchard stated that the return
made by Policeman Williams was not a
satisfactory return. This return stated
that the policeman read the warrant to
Mr. Finley, and tfat respondent was ad-
vised and believed hat the Southern Com
pany was a State corporation, in so far as
| its franchise to operate a railroad from
/ Salisbury westward to the Tennessee and
( Georgia State lines was concerned. Pres
| ident Finley stated, on cross-examination
/ by Judge Il. MerrImon, that il was about
/ fifteen or twenty-five minutes from the
tine that he swore to his petition for
writ Of habeas corpus until it was served
( upon the policeman who arrested him.
! Wilson was arrested while selling tick
/ cts, and forced to leave his Office, which
was thronged with patrons. In the police
court his hearing was set for Monday.
I Judge Reynolds announcing that he would
/ take personal charge of the prisoner pre-
sumably that he might be on hand in case
+ OF an effort to secure the agents release
( on habeas corpus proceedings a second
time.
Judge Reynolds was understood to be
acting under Instructions from the State
authorities here.
Could Revoke State Charter.
Notified of Finley's release, Gov. Glenn
( reiterated his declaration that a contin-
uation of the fight would mean a prompt
call for an extra legislative session to
annul the Southern Railways charter.
The State. Supreme Court, having re-
-,
/ business as North Carolina corporation