The Birmingham age-herald., 1909-03-12
TENNESSEE DUTCH
 MUCH IN DEMAND
IS NOW FEDERAL PRISONER, AND QUESTION ARISES WHETHER SHERIFF GAN DELIVER HIM FOR HABEAS CORPUS HEARING.

The fight for the possession of Jim Moore alias Tennessee Dutch," notor- 1ous cracksman and postoffice robber, is developing a quite interesting situa tion From the direction of all move ments it is apparent that Moore prefers to go back to Mississippi and serve fve-year sentence rather than to be taken back to Pelzer. S. C.. by the fed eral authorities for trial there on charge of blowing a safe in post office.
 Moore is being heBd on federal war rant, and yesterday afternoon he was transferred to the county jail to be held for the government authorities before notice of habeas corpus was served on the city warden or before warrant charging Moore with being fugitive from the state of Mississippi was read to him.
 The federal authorities got posses sion of Dutch by reason of the warrant charging him with robbing the post office in South Carolina.
 While Detectives Cole and Dish eroon and Inspector Gregory of South Caro- lima had the prisoner at the office of the United States commissioner a depu- ty sheriff called at the city jail with warrant charging Dutch with being a fugitive from another state. Warden Tuck refused to take cognizance of the warrant because the prisoner was not in the city jail and when the habeas corpus papers were served on Chief Bodeker he would not accept service because the man was not confined in the city prison
 While all this was transpiring Peni- tentiary Officer w. F. { Marshall of Rankin county, Mississippi, was mak- ing a hasty trip to Birmingham with the purpose of taking Moore back with him to serve out a sentence of five years for robbery in Carroll county, Mississippi When Warden Marshall found that there was a fight on hand for the possession of the prisoner and that an attempt was being made 10 have him released on habeas corpus proceedings he returned home, it is stated for the purpose of getting cer- tain papers and information.
 As soon as Moore's attorney learned of the state of affairs he swore out another warrant charging Dutch with being a fugitive from justice and placed it in the hands of Deputy Sheriff Ed Wilson and this warrant was read to Dutch in the presence of the federal Inspectors.
 It is understood that Moore will be given the right of habeas corpus and that he will have a hearing Saturday morning before Judge Fort. This situa- tion brings up this situation: Whether or not the shelf must produce fed eral prisoner in a state court when so commanded.
 The perplexity of the situation is shown when it is surmised that if the federal authorities called for Moore this morning for the purpose of taking him back to South Carolina could the sher- If deliver the prisoner, when Judge Fort has ordered him to produce Moore in the Jefferson county criminal court for habeas corpus proceedings, with out placing himself in contempt of the court?
 Judge Forts action in the case is awaited with interest. It is believed by many that the federal auth orities claim on Moore will supercede that of Mississippi, despite the fact that Moore is an escape from a Mississippi prison with a little less than five years to serve.