The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-07-02

ably will last untll late IN the after
noon
history OF the RsHnc case was re-
cited by sam O. Bates states attorney
when the hearing was opened, He ret
cited that Is terms Of court had passed v
without effort on the part Of the de-
fendant or his attorney TO bring any
Of the cases (there are Ia TO trial
The cases we're brought up and dis
posed OF from term to term, Bates said,
rs the defendant was in the federal
penitentlary,
Delayed by Agreement.
Bates oontended that the defendant
only recently had been released from
the penitentlary, and that the state
was not negligent In it's efforts to have
him brought to trial. He argued that
Raine had agreed to a continuance IN
the criminal court recently. and that
his conduct in personally appearing at
II time when 1t was demanded to know
on what Indictment he would be tried,
waived his right
That Raine had been for long years
on bond, and had not demanded n trial.
and thereby waived his right, also was
ground the states attorney cited.
He said Raine never had demanded
trial, nor had he or his counsel ever
entered objection 70 the cases not being
brought up for trial. lie contended that
the cases against Raine,
Requested by the court to get into
the facts first, and then to argue the
law, MaKevney directed Raine to take
the witness stand
After stating his name. Raine related
that he was arrested the last time as
he was leaving the courthouse Mon
day, by Sheriff Perry, after his bonds
men had surrendered him,
Raine, under the questonlning OF
gutI 10
for trial on June II, 1914, and tina .he.
was forced to trial; that forced, nfa
counsel prepared for the trial; that
several special venires were exhausted.
IN addition to the regular panel, IN an
effort to get Jury and that judge
] W. Palmer. Of Second criminal court
then announced that as the weather.
was so hot and II seemed to be I'm :.
possible to get jury, the case would
70 over for, the term. This was the
| time that Estes made the motion for.
transfer to the First criminal court, Il
Magevney on redirect examination.
brought out the fact that the cases
against Raine were continued, not af
his, instance, but by arbitrary ruling III
Judge Palmer.
on conclusion of the testimony ~
Ralne,. Magevney launched into their
aide OF the case
Court Records Criticized.
| ne tooR 10 TASK the method In Whirh
the minute books Of the criminal Courts
were kept He .recited many instances
where, during the Is terms Of court
no mention was made of the Ralne
caseD, where the Judges had neglected
! to sign the minutes and were on motio~s
OF the attorney general, the cases went
over for the term
At the conclusion OF this lengthy -
eital. Bates announced that the stale
had no reply,
Magevney then launched into the I'm,
as he contends Il applied to the case
lie opened the first OF II hooks which
| he brought TO court with him In from
| OF the states attorney rested IA books
Y making apparent that arguments
'uld be lengthy
81 motion to dismiss the cases agairsnf
Raine was under consideration when
Raine was arrested, Magevney said He
contended that because the defendant
had been surrenderd by his bondsmN
the nature of his arrest could not
change pending proceedings in court
He quoted the United States constitu-
ton and state codes ut length,
Masevneyy then read the case of Arr
rowsmith VS. the state, Giles county
case which he claimer parallelled the
Raine case,
The Arrowsmith case has not been
overrued and still Is the law Hagev-
nev said, before closing.
John ENby, assistant states ATTORNEY
laid the foundation for the states reply'
Conclusion of the states answer win
be carried on at the afternoon session
of court.