Whitten v. Tomlinson

This was a petition, filed March 26, 1895, in the circuit court of the United States for the district of Connecticut, and addressed to the Honorable William K. Townsend, the district judge, as a judge of the circuit court, for a writ of habeas corpus to the sheriff of the county of New Haven, in the state of Connecticut. The petition was signed by the petitioner, and verified by his oath, and was as follows:

'The petition of George E. Whitten respectfully shows to your honor that he is now a prisoner confined in the custody of Charles A. Tomlinson, sheriff of the county of New Haven, in the county jail in the city of New Haven, in said county, for a supposed criminal offense, to wit, a crime of murder in the second degree.

'Your petitioner also shows that such confinement is by virtue of a warrant, a copy whereof is in the possession of said sheriff; and your petitioner avers that, to the best of his knowledge, he is not committed or detained by virtue of any process of law known to the courts of the United States or the several states, but he is now detained in violation of the constitution of the United States, in violation of the laws of the United States, and in violation of the constitution and laws of the state of Connecticut; and that he is not held in confinement by virtue of any final judgment or decree of any competent court or tribunal of criminal jurisdiction, or by virtue of any process issued upon such judgment or decree, but is held without due process of law.

'And your petitioner further says that at the time of his arrest, and for a long time prior thereto, he was a citizen of Massachusetts, and was extradited from Massachusetts for said alleged crime in January, 1895; and he says that he is advised by his counsel, William H. Baker, residing at Boston, and so believes, that his said imprisonment is illegal, and that said illegality consisted in this, to wit:

'That in August and September, 1893, this petitioner was tried before the local court sitting within and for the county of New Haven, state of Connecticut, upon a charge of murder in the second degree, being the same alleged charge for which he was extradited, and was after a full hearing thereof discharged from said court.

'That thereafterwards this petitioner remained in the city of New Haven, state of Connecticut, for a long time,-during at least two sessions of the grand jury,-and then removed to Newton, in the commonwealth of Massachusetts, some time early in the year 1894.

'That he was in January, 1895, while such citizen of Massachusetts, arrested and extradited from the state of Massachusetts upon a warrant issued by the governor of Massachusetts on demand and application of the governor of Connecticut, alleging that an indictment had been found by the grand jury against him of murder within and for the county of New Haven, being the same charge on which he was tried as above. This petitioner was taken to the said city of New Haven by virtue thereof.

'This petitioner avers that no indictment was ever found against him by any grand jury sitting at any time within the state of Connecticut, nor no indictment as and for a true bill ever was presented by any grand jury in said state of Connecticut against him, which he is ready to verify and prove; and any pretended indictment was found by mistake or misconception and was not their true verdict or finding.

'Further, you petitioner says that he was not, at the time of this extradition as aforesaid, a fugitive from justice from said state of Connecticut.