The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-07-01
RAINE FIGHTS
FACING Jury
ON REAL FACTS
WreCker of Old Mercantile
Bank Tries HabeaS Corpus
Proceedings When Court
Holds indictments Valid.
SOME POINTS OF
LAW ARE INv0L WE'D
Trial in Criminal Court Goes
Over Until Wednesday
Morning Pending Judge
CapeIPS Decision.



{. Hunter Raine, former president OF
sne old Mercantile bank, who served
i've years in the federal prison at At
Anta, falling, to procure a dismissal OF
Ihe charges against him on petition in
second criminal court Tuesday sought
another route to gain his freedom from
We Shelby county jail by filing a peti@
tion for writ OF habeas corpus through
ms attorney Hugh Magevney
The writ was filed before Judge Ben
Capeil. of the Second circuit court. and
was made returnable at 80 PM 1t
was agreed that S. o. Bates, states at
torney, and Mr. Magevney would ap-
pear and ask for postponement until
~ am. Wednesday. In the meantime
the trial of the case in the criminal
court VIII go over until after Judge
Capell decides the habeas corpus writ g
The matter OF jurisdiction will be
brought up by the states attorney on
the ground that the prisoner is in Gus
tody of the court and the trial has
actually been started. The habeas cor
pus would, in the event Judge Capel
granted IT, only give Mr.. Raine freedom
from jail. He would still have to face
trial of the charges against him.
However, such a decision would aid
much in the appeal to the supreme
court should Mr.. Raine be declared
guilty.
1t will probably take some time to get
q jury. The first attempt to try Mr..
Raine in the criminal court failed when
It was found impossible to get a jury
70 try the issues in the case. The same
trouble probably win occur at this trial
until special venire is summoned from
which to draw talesmen for the jury.
Mr.. MageVney announced to Judge
Harsh. of the Second criminal court,
Tuesday morning that he would file a
writ of habeas corpus in his clients
behalf to obtain his freedom from iaIl
on thu ground that he had been denied
his constitutional rights by not being
given speedy trial.
This announcement was made few
moments after Judge Harsh had de-
clined to dismiss the charges against
Mr.. Raine and quash the II indictments
found against him in the criminal court.
Mr.. Raine Is charged with the embez-
element Of more than $500, 600 from the
Mercantile bank with fraudulent breach
OF trust and with obtaining money by
tricks, schemes and devices, as well as
obtaining money in a bank, knowing
the institution to be insolvent.
Mr.. Raine was in a smiling mood
and talked freely to his counsel and
a few friends
Mr.. Magevney said he would set up
the same contention in the hearing Of
the writ Of habeas corpus as was con-
tained in his petition to Judge Harsh
to dismiss the charges against his eli
ent. The trial of the case In Second
criminal court was halted until after
the hearing of the writ OF habeas cor
pus. If the judge hearing the writ de-
cides at 10 o'clock Wednesday morning
that the defendant should have had a
speedy trial and that the state erred
in not giving it to him. the cases in
the criminal court can not be tried,
but the state has the right of appeal
in habeas corpus cases and no doubt
would appeal to the supreme court.
Judge Harsh overruled the motion to
dismiss the charges against Mr.. Raine
and later refused to grant motion to
quash the indictments against the for
mer banker In which all counts of the
IL indictments were charged to be
faulty and of no legal force and effect.
Mr.. Magevney, contended that Mr..
Raine had not been given a speedy trial
by the state which he was entitled to
and therefore the state waived its right
to bring him before the bar of jus
tice.
S. o. Bates, states attorney, held that
the federal court had supreme jurisdic-
tion over a prisoner and that it could
bar the state from demanding its pris-
oner for trial In its courts, and cited
authorities to prove his contention. He
therefore claimed that the five years
spent in the Atlanta penitentiary barred
the state from insisting on the trial of
the cases during that period. He fur
ther contended that Mr.. Raine was re-
leased from the federal prison on Oct
II, 1918. and that since that time has
never demanded a trial Of the charges
against him.
Mr.. Bates declared that the state had
attempted to bring Mr.. Raine to trial
and the case actually was begun, but
had to be postponed because of inabil-
ity to get jury. 1t was continued, but
could not be brought to trial because
of the fact that Mr., Raine had in the
meantime begun his sentence under the
federal conviction Of using the mails to
defraud.
He claimed the defendant also waived
his right to dismissal of the charges
against him when by demanding Satur-
day that the state elect which charge II
would elect to try at this time.
Judge Harsh refused to dismiss the
charges on the ground that the de-
fendant did not seek an early trial,
that the state was helpless to give him
a trial during the five years that he
was in the Atlanta penitentiary and
had made no demand for a trial since
be was dismissed from the fedora