Benson v. Henkel

Messrs. Frank H. Platt, J. C. Campbell, and James Russell Soley for appellant.

This was an appeal from an order dismissing a writ of habeas corpus, and remanding appellant to the custody of the marshal to await the action of the district judge.

On December 31, 1903, an indictment was found by the grand jury of the District of Columbia, charging appellant with a violation of Rev. Stat. § 5451 (U.S.C.omp. Stat. 1901, p. 3680), in bribing an officer of the United States to do an act in violation of his official duty. Appellant was arrested in the southern district of New York, upon a warrant issued by a United States commissioner, which warrant was issued upon the complaint of a special agent of the Interior Department, to which a copy of the indictment was annexed. Appellant demanded an examination before the commissioner, in the course of which witnesses were examined on behalf of the government, and a certified copy of the indictment was admitted as evidence. No material testimony was offered on behalf of the defendant. The commissioner found there was probable cause, and remanded defendant to the custody of the marshal to await a warrant for his removal. Immediately thereafter appellant applied for a writ of habeas corpus and certiorari. At the close of the hearing he was remanded to the custody of the marshal. 130 Fed. 486.

[Argument of Counsel from pages 2-7 intentionally omitted] Messrs. Francis J. Heney, Arthur B. Pugh, and Solicitor General Hoyt for appellee.

Mr. Justice Brown delivered the opinion of the court: