The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1920-09-16
TOWNSEND RELEASES MAY
FIELD, BREEDIN, SANDIFER.
On Technical Error.
Papers From North Carolina Found
insufficient and Defective at
Habeas Corpus Hearing.

Sduu1lGI, DdmOS1S . SOU0|y AnSA "oo'
ed in Anson county, North Carolina,
on a charge of kidnapping, were re-
leased from custody yesterday upon
orders of Judge Townsend, thereby
bringing to a conclusion one of the
most hotly contested legal battles
listed in South Carolina annals and
ringing down the curtain on one OF
the most interesting interstate cases
Of many year.
Sheriff Sanders, of Barnwell, who
was designated by Governor Cooper
as the agent to deliver Mr.. Mayfeld,
Mr.. Breeder and Mr.. Sandifer to the
North Carolina authorities, was re-
strained from carrying out the in
structions of the governor on a writ
of habeas corpus, served upon him
September 9. Counsel for Mayleld
in the petition for the habeas corpus
writ alleged among other contentious
that the extradition warrant issued
by Governor Cooper was made out 1r-
regularly in that the extradition pap
ers forwarded to South Carolina by
Governor Beckett were irregular.
This contention was admitted by
Assistant Attorney General Morris G.
Lumpkin and Solicitor w. E. Brock,
of the Thirteenth circuit of North
Carolina and an effort was made by
them to prevent the issuance of an
order under the habeas corpus pro-
eeedings by withdrawing the extra
dition warrant, under which the men
were being held. Governor Cooper
upon their motion, revoked his form
er mandate and instructed the sheriff
to release the alleged fugitives.
Judge Townsend held, however, that
since this action was taken after the
writ of habeas corpus had been serv-
ed and the hearing begun the hear
ing on the writ should proceed.
Counsel for Mayfeld, Breeder and
Sandifer think that this is to be the
last act in the case, which has occu-
pied the attention Of two governors
and excited interest in both North
and South Carolina for some weeks.
The code of South Carolina, they
pointed out, provides that no man
shall be rearrested on the same
charge, however colored, after hav-
sing once been discharged on a writ
of habeas corpus. A fine of $4,000
is provided for any person assisting
in making such an arrest.
Sheriff Mccain, of Richland county,
was present at the hearing with a
warrant for the three men, intending
to hold them until new extradition
papers could arrive from North Caro-
lima. The warrant was not served.
Judge Townsend's order follows:
ION hearing the sheriff's return to
the writ of habeas corpus issued in
this matter, whereby it appears that
he holds the petitioners in custody by
virtue of a warrant of eXtradition Is
sued by his excellency, the governor
of this state, and it being admitted by
the assistant attorney general, rep
resenting the state, that the proceed
ings upon which said warrant for the
extradition of the petitioners was is
sued, are insufficient and defective
and not in compliance with the act of
congress, and it being further stated
by the assistant attorney general that
the defects in the eXtradition pro-
ceedings had been discovered and
called to the attention of the COVER
nor, and that the governor has in
structed the sheriff to discharge the
prisoners, after the sheriff had pre-
pared his return and the prisoners
were before me in court. The in
struction to the sheriff by the COVER
nor to the effect that he had revoked
his warrant Of extradition, and that
he should discharge the prisoners,
was made after the hour fixed for the
hearing in this matter before me,
and after counsel for the petitioners
had commenced to present their peti-
ton, and while was waiting for the
governor Or attorney general to sub
nit any reasons that they might have
for resisting the discharge of the Pc
titioners under the habeas corpus
proceedings.
ttIt is therefore ordered that the
petitioners be discharged from the
custody of G. K. Sanders, sheriff, and
go hence
Mr.. Mayfeld and his two associ-
ates were accused Of kidnapping Jesse