Beavers v. Haubert

These cases were submitted together. No. 354 is an appeal from an order and judgment of the district court of the eastern district of New York, in habeas corpus, remanding to the custody of appellee. No 355 is an appeal from an order of the United States circuit court for the same district, dismissing a writ of habeas corpus arising out of the same proceedings as No. 354. The same questions of law are presented, and we need not further distinguish the cases.

The arrest from which appellant prayed to be discharged was made upon a commitment and warrant in proceedings to remove him to the District of Columbia, to be tried upon an indictment there found against him. He attacks the commitment and warrant as not being due process of law, in that the commissioner who issued them had no jurisdiction to entertain proceedings against him, or to require bail, or in default thereof to commit him to await the order of the district judge, because indictments were pending against him in the circuit court of the United States for the eastern district of New York. The contention is that while the indictments were so pending he could not be removed to another jurisdiction.

The facts are as follows: On the 16th of July, 1903, two indictments were found against appellant in the eastern district of New York, charging him with violations of §§ 1781 and 1782 of the Revised Statutes of the United States (U.S.C.omp. Stat. 1901, p. 1212), and on the 25th of July, 1903, another indictment was found against him in the same district for the violation of § 1781.

On the 3d of September, 1903, a bench warrant was issued on the indictments and proceedings instituted against him on the indictment of July 25, 1903. A warrant of removal was issued by the district judge of the southern district of New York, and subsequently an order was entered by the circuit court, directing appellant to surrender himself to the United States marshal for said district, and in pursuance thereof the appellant did so, and entered into a recognizance before one of the district judges for said district in the penal sum of $10,000 for his appearance in the circuit court for the eastern district at the next regular term.

On the 1st of June, 1904, he appeared in said court, in pursuance of the notice from the United States district attorney, for the purpose of pleading to the indictments. On the 7th of June, a continuance having been granted, he moved to quash the indictment on affidavits and other papers properly served on the district attorney. On the 8th he appeared before the circuit court, 'prepared to move upon and plead to the said indictments.' Thereupon the district attorney refused to proceed further with the indictments, but stated his intention to institute proceedings for the removal of appellant to the District of Columbia, under the indictments found against him there. The court thereupon continued the proceedings until the 13th of June, 1904, from time to time thereafter, until the date of the petition herein, and enlarged him from day to day upon his recognizance, which is still in full force. On the 8th of June, 1904, he was arrested upon the warrant now in question. The indictments have not been quashed or nolle prossed, and the appellant is ready to plead thereto if the motions submitted in respect thereto be overruled.

The petitioner alleges that the only evidence adduced by the government was a certified copy of the indictment, which, it is alleged, constituted no proof, but was incompetent and inadmissible because it failed to state facts sufficient to constitute a crime, and because it appeared from the testimony of the witnesses on whose testimony it was found and who were called before the commissioner that there was no probable cause to believe he was guilty of any offense against the United States, and whatever strength the indictment possessed was rebutted by such evidence.

Messrs. William M. Seabrry and Bankson T. Morgan for appellant.

[Argument of Counsel from pages 79-83 intentionally omitted]

Assistant Attorney General Purdy for appellee.

Mr. Justice McKenna, after stating the facts as above, delivered the opinion of the court: