In re Factor's Extradition

• Decision Date: 27 June 1934
• Citation: 75 F.2d 10
• Parties: In re FACTOR'S EXTRADITION.
• Court: U.S. Court of Appeals — Seventh Circuit

75 F.2d 10 (1934)

In re FACTOR'S EXTRADITION.

Circuit Court of Appeals, Seventh Circuit.

June 27, 1934.

Newton D. Baker, of Cleveland, Ohio, James A. Reed, of Kansas City, Mo., and S. O. Levinson and G. Gale Gilbert, Jr., both of Chicago, Ill., for petitioner.

Discharge from custody ordered.

EVANS, Circuit Judge.

And now on this 27th day of June, A. D. 1934, comes Rella Factor, applicant herein, upon behalf of John Factor and makes application under the terms and provisions of section 654 of title 18 of the United States Code Annotated for the discharge of the said John Factor and his release from the custody of one Isaac George, as Sheriff and Keeper of the DeKalb County Jail situate at Sycamore, Illinois, and comes also the said Isaac George, as Sheriff and Keeper of the DeKalb County Jail, situate at Sycamore, Illinois, and there appeared before me also Lewis Bernays, British Consul General at Chicago, Illinois, by Franklin R. Overmyer, of Chicago, Illinois, his attorney, and comes also specially Dwight H. Green, United States District Attorney for the Northern District of Illinois, Eastern Division, upon behalf of Cordell Hull, Secretary of State of the United States of America, and the Court having heard the allegations and briefs of the applicant, and having heard and considered testimony, both oral and documentary, and having heard arguments of counsel, and being fully advised in the premises, doth find:

1. That the position of the Secretary of State of the United States of America is evidenced by a certain letter read to me as Judge of the United States Circuit Court of Appeals for the Seventh Circuit, which said letter is from the Secretary of State to the Attorney General of the United States of America, and is in words as follows:

"It would be appreciated if you would instruct the United States Attorney at Chicago, Illinois, to inform Judge Evans that the delay in issuing a warrant to the British Embassy for the surrender of Factor has been due to the desire expressed by the States Attorney at Chicago, Illinois, to have Factor available to give testimony against persons accused of kidnapping him upon the trial of said persons, upon which trial he would, of course, be the principal witness for the prosecution.

"It should probably be called to the Court's attention in this relation that while some of the persons charged with the kidnapping have been tried and convicted it is not certain that this conviction will not be reversed upon appeal, necessitating a new trial, and furthermore that all of the persons so charged have not yet been brought to trial."

2. That the said John Factor, the husband of applicant, is now actually imprisoned and restrained of his liberty and detained by color of authority of the United States in the custody of one Isaac George, as Sheriff and Jailer in and for the County of DeKalb in the State of Illinois, in the County Jail situate at Sycamore, Illinois.

3. That the sole claim and sole authority by virtue of which the said Isaac George, Sheriff and Jailer, as aforesaid, so restrains and detains the said John Factor, the husband of applicant, is a certain document which purports to be a mittimus in writing, a copy of which was annexed to applicant's application for discharge of John Factor under the terms and provisions of section 654 of title 18 of the United States Code Annotated, marked Exhibit "A" and incorporated therein by said reference thereto.

4. That the said mittimus was issued by Edwin K. Walker, Esquire, United States Commissioner, in a certain proceedings instituted by Godfrey Haggard, Consul General of the Kingdom of Great Britain, on behalf of the Kingdom of Great Britain, under color of a treaty between the United States of America and the Kingdom of Great Britain upon the charge that John Factor, the husband of applicant, committed certain alleged crimes within the jurisdiction of the Kingdom of Great Britain.

5. That the said mittimus was served upon John Factor, the husband of applicant, first upon the 12th day of January, 1932, by H. C. W. Laubenheimer, United States Marshal for the Northern District of Illinois, Eastern Division, which said Marshal did, on said date, take the said John Factor into custody.

6. That on said 12th day of January, 1932, the said H. C. W. Laubenheimer, United States Marshal for the Northern District of Illinois, Eastern Division, was served with a writ of habeas corpus issued out of the said United States District Court for the Northern District of Illinois, Eastern Division, and did on said day produce the body of John Factor, the husband of applicant, before said United States District Court which, after hearing had, ordered the discharge of said John Factor from the detention and restraint ordered in and by said mittimus. Thereafter appeals were taken from said order of discharge so entered by the said United States District Court for the Northern District of Illinois, Eastern Division, on...