Raleigh News and Observer
Efforts of North Carolina authorities to bring Dr. J.W. Peacock back to the department for the criminally insane in the North Carolina State prison, received a setback in the Superior Court of San Diego, California, yesterday when Dr. Peacock was released from custody on a writ of habeas corpus.
A warrant of extradition to this State was granted on Monday by Governor Richardson of California after a full hearing and Dr. Peacock immediately took his case into the courts.
Dispatches received here stated that Dr. Peacock was allowed to go to his ranch near San Diego. Warden S.J. Busbee, of the prison, who trailed Dr. Peacock to California and arrested him there, has retained counsel in the western state but it is not known whether an appeal can be taken under California procedure. The case of Harry Kendall Thaw, New York murderer, went up to the Supreme Court of the United States on an appeal after Thaw had been given his release in a lower court. An appeal can be taken in North Carolina under similar circumstances.
Dr. Peacock is wanted in North Carolina on charges of escape and conspiracy to escape from the State prison, where he had been confined as criminally insane, following his acquittal on a charge of murdering J.W. Taylor, chief of police of Thomasville.
Governor Cameron Morrison was in Charlotte and George Ross Pou, superintendent of the State prison, was in Washington attending the world series, when news of the court’s action was received from California in Associated Press dispatches, and no word has yet been received from Warden Busbee.
“I am certainly sorry to hear that,” declared Governor Morrison when informed over long distance telephone of Peacock’s release. “The State will continue to fight until the last ditch, but I cannot say as to what can be done about an appeal under the California statutes until I can communicate with our attorneys there, who, I am confident, will do everything possible.”
From the front page of the Concord Daily Tribune, Oct. 11, 1924
newspapers.digitalnc.org/lccn/sn92073201/1924-10-11/ed-1/seq-1/
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