Beavers v. Henkel

by David Josiah Brewer

United States Supreme Court

194 U.S. 73

Beavers  v.  Henkel

 Argued: March 9, 10, 1904. --- Decided: April 11, 1904

On July 23, 1903, a grand jury of the circuit court of the United States for the eastern district of New York found and returned an indictment under § 1781, Rev. Stat. (U.S.C.omp. Stat. 1901, p. 1212), charging George W. Beavers, and officer of the government of the United States, with having received money for procuring a contract with the government for the Edward J. Brandt-Dent Company. A warrant for the arrest of the official was issued to the marshal of the district, and returned 'not found.' Thereupon a complaint, supported by affidavit, was filed in the district court of the United States for the southern district of New York, alleging the finding of the indictment, the issue of the warrant, the return 'not found,' and that Beavers was within the southern district of New York. Upon this complaint a warrant was issued, Beavers was arrested and brought before a commissioner. A hearing was had before that officer, and upon his report the district judge of the southern district signed an order of removal to the eastern district. Before this order could be executed Beavers presented his petition to the circuit court of the United States for the southern district of New York for a writ of habeas corpus. After a hearing thereon the application for discharge was denied, and thereupon an appeal was taken to this court.

Messrs. Max D. Stener, Bankson T. Morgan, and William M. Seabury for appellant.

[Argument of Counsel from pages 74-80 intentionally omitted]

Assistant Attorney General Purdy for appellee.

[Argument of Counsel from Pages 80-82 intentionally omitted]

Mr. Justice Brewer delivered the opinion of the court:

Notes