James Clark McReynolds

“ If true, Bailey was a fugitive.
The record presents an irreconcilable conflict of evidence. It is not possible to say with certainty where the truth lies.
The rights of the parties depend upon the proper construction and application of article 4, § 2, par. 2, of the Federal Constitution [1] and section 5278, Rev. Stat. (U.S.C.ode, tit. 18, § 662 (18 USCA § 662) ) [2] derived from the Act of February 12, 1793.
The demanding state asserted a right to the custody of the respondent under the Federal Constitution and statute. ”

“ That the State of South Carolina has failed to show probable cause for holding the said Ray Bailey in custody, or that he committed the alleged crime-the murder of A. B. Hunt, and has failed to produce sufficient evidence to warrant the Court in refusing the Writ, and the Court finding from all the evidence introduced in this cause that the petitioner is entitled to the relief sought in his petition and the Writ of Habeas Corpus ”

“ Viewed as a whole the evidence for respondent leaves much to be desired-certainly it is unsatisfactory. If true, it supports the conclusions of the Judge that Bailey had not fled from the justice of South Carolina. ”

“ The record discloses only a conflict of evidence; the requirement which we have indicated has not been met; and the challenged judgment must be reversed.
The cause will be remanded to the Supreme Court of North Carolina for further proceedings not inconsistent with this opinion. ”

“ They further said that during the melee an automobile stopped nearby and its occupants shot at them many times. The culprit finally entered and escaped in that car. The whole affray continued for only a very short time-a few moments. ”