Roberts v. Reilly

by Stanley Matthews

United States Supreme Court

116 U.S. 80

Roberts  v.  Reilly

 Argued: December 14, 1885. --- Decided: his petition to the judge of the district court for the Southern district of Georgia, and filed the same in the office of the clerk, alleging that he was illegally restrained of his liberty by the appellee, Reilly, who claimed to be acting as an agent of the state of New York, and as such to hold the petitioner, under color of the authority of the United States, by virtue of an arrest made in pursuance of an executive warrant issued by the governor of Georgia, on a requisition from the governor of New York, reciting that the petitioner had been indicted in the state of New York, and was a fugitive from the justice of the latter state He averred that the custody by which he was restrained of his liberty was illegal, for various reasons assigned, and prayed for the writ of habeas corpus The writ was issued as prayed for, and duly served, and thereupon an amendment to the petition was filed, as follows: 'And now comes the said William S Roberts, and, by leave of the court first had, amends said petition, and says that he is restrained of his liberty, in violation of a law of the United States, viz, the act of February 12, 1793, (section 5178 of the Revised Statutes of the United States,) in this: that it appears from the record, now here to your honor shown, upon which the executive warrant under which he is now restrained issued, that the crime with which he is charged was committed in the state of Georgia; that the papers accompanying the demand of the governor of New York are not authenticated, as required by that act; that it nowhere appears that the relator was personally within the limits of the state of New York at the time when said alleged crime is stated to have been committed; that it nowhere appears that any evidence was before the governor of New York, at the time he issued his demand, that relator was personally within the limits of New York state when the crime is alleged to have been committed'

Notes