Webb v. York

• Decision Date: 01 March 1897
• Docket Number: 796.
• Citation: 79 F. 616
• Parties: WEBB, Sheriff, et al. v. YORK.
• Court: U.S. Court of Appeals — Eighth Circuit

79 F. 616

WEBB, Sheriff, et al. v. YORK.

No. 796.

United States Court of Appeals, Eighth Circuit.

March 1, 1897

Emma G York, the appellee, being in the custody of Elias H. Webb the sheriff of Arapahoe county, state of Colorado, applied by petition to the Honorable Moses Hallett, United States district judge for the district of Colorado, for a writ of habeas corpus, alleging that she was wrongfully restrained of her liberty by the aforesaid sheriff. The writ of habeas corpus as prayed for was duly issued and served. The sheriff made return to the same that he held the petitioner as a fugitive from justice, under and by virtue of a warrant issued by the governor of the state of Colorado, in obedience to a requisition of the governor of the state of California. Appended to said return was a copy of the executive warrant together with a copy of the requisition made by the governor of California, and the documents accompanying the requisition, on the strength of which the executive warrant had been issued. The papers thus appended to the return, so far as they are material, are as follows:

'State of Colorado, Executive Department.

'The People of the State of Colorado to any Sheriff or Peace Officer of any County in said State, Greeting: Whereas, it has been represented to me by the governor of the state of California that Emma York stands charged with embezzlement, a crime under the laws of the said state of California committed in the county of San Francisco, in said state, and that she has fled from the justice of the said state, and has taken refuge in the state of Colorado, and the said governor of the said state of California has, in pursuance of the constitution and laws of the United States, demanded of me that I shall cause the said Emma York to be arrested; and whereas, the said representation and demand is accompanied by a certified copy of the complaint, warrant, and affidavit duly returned and filed in the office of the police court of said city and county of San Francisco, in the said state of California, whereby the said Emma York stands charged with said crime, which said copy and facts aforementioned are duly certified by the governor of the state of California to be true and authentic: You are therefore hereby commanded and required to arrest and take the body of the said Emma York wherever she may be found within this state, and her convey to the county jail of any county in this state, and her there safely keep, or cause to be kept, to be dealt with according to law. Herein fail not, and due return of this writ make to this department, showing your acts and doings thereunder. In testimony whereof I have hereunto set my hand and affixed the great seal of the state, at the city of Denver, this 20th day of April, A.D. 1896.

'(Seal.)

Albert W. McIntire.

'By the Governor.

'A B. McGaffey, Secretary of State.' 'State of California, Executive Department.

'James H. Budd, Governor of California, to His Excellency, the Governor of the State of Colorado: Whereas, it appears by the annexed exemplification of record, consisting of a certified copy of complaint filed in the police court of the city and county of San Francisco, state of California, warrant of arrest and affidavits of Charles Crockett and Adelia A. Gibson and William C. Cook, which I certify are authentic and duly authenticated, in accordance with the laws of this state, that Emma York stands charged with the crime of embezzlement, committed in the city and county of San Francisco, in this state, and it has been represented to me that she has fled from the justice of this state, and has taken refuge in the state of Colorado: Now, therefore, pursuant to the provisions of the constitution and laws of the United States, in such case made and provided, I do hereby request that the said Emma York be apprehended and delivered to Charles Crockett, who is hereby authorized to receive and convey Emma York to the state of California, there to be dealt with according to law, and to be tried for the offense herein designated. In witness whereof I have hereunto set my hand and caused the great seal of the state to be affixed at Sacramento, this 11th day of April, in the year of our Lord one thousand eight hundred and ninety-six.

'(Seal.) James H. Budd, Governor of California.

'By the Governor.

'L. H. Brown, Secretary of State,

'By W. T. Sesnon, Deputy.'

'In the Police Court of the City and County of San Francisco, State of California. Department No. 3.

'The People of the State of California vs. Emma York.

'State of California, City and County of San Francisco-- ss.: Personally appears before me this 4th day of April, A.D. 1896, Adelia A. Gibson, who on oath makes complaint and deposes and says that on the 29th day of March, A.D. 1896, in the city and county of San Francisco, state of California, the crime of, to wit, embezzlement, was committed, to wit, by Emma York, who then and there was intrusted as bailee by C. F. Gibson with the following personal property of his, the said C. F. Gibson, namely, twenty-two thousand five hundred ($22,500), of the value of twenty-two thousand five hundred dollars ($22,500) in lawful money of the United States of America, and the said Emma York then and there received the said personal property as bailee as aforesaid, and while said personal property so intrusted as aforesaid was in the possession, care, custody, and control of the said Emma York, she, the said Emma York, did then and there, to wit, on said 29th day of March, A.D. 1896, at said city and county of San Francisco, willfully, unlawfully, feloniously, and fraudulently convert, embezzle, and appropriate the same to her own use, contrary to her said trust as such bailee, as aforesaid, contrary to the form, force, and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California. And this complainant, upon oath, accuses the said Emma York of having committed the said crime, and prays that the said accused may be brought before a magistrate and dealt with according to law. Adelia Gibson.

'Res. or Place of Bus., 1206 Market St.

'Subscribed and sworn to before me this 4th day of April, A.D. 1896.

'H. L. Joachimson,

'Judge of the Police Court of the City and County of San Francisco.'

Indorsed: '* * * Filed in the police court of the city and county of San Francisco, department No. 3, this 4th day of April, 1896.

'Jacob Shaen, Clerk.'

'Warrant.

* * * *.

'State of California, City and County of San Francisco-- ss.: Charles Crockett, being duly sworn, deposes and says that he was, on the 5th day of April, A.D. 1896, and still is, a police officer of said city and county, and that as such police officer he received the above warrant of arrest for Emma York, charged with the crime of felony,-- embezzlement; and deponent deposes and avers that he thereupon made due and diligent search for the said Emma York, in said city and county, to wit, sought for her at (her) last known place of residence and at her place of business, and in the market place and at the exchange, and that he could not find said Emma York; and deponent deposes and avers, upon his information and belief, that the said Emma York has fled from justice in the state of California, and taken refuge in the state of Colorado.

Charles Crockett.

'Subscribed and sworn to before me this 5th day of April, 1896.

'H. L. Joachimson,

'Judge of the Police Court of the City and County of San Francisco, State of California.

Indorsed: '* * * Filed in the police court of the city and county of San Francisco this 5th day of April, 1896.

'H. L. Joachimson, Judge of said Court.'

'Office of District Attorney, City and County of San Francisco.

'San Francisco, April 5, 1896.

'To His Excellency, the Governor of the State of California-- Sir: I have the honor to make herewith application for a requisition upon the governor of the state of Colorado for Emma York, who is charged in this county with the crime of felony, to wit, embezzlement; and who, as appears by the affidavit of William C. Cook, herewith submitted, is a fugitive from the justice of this state. In support of the application, I inclose herewith, in duplicate, exemplified copies of the complaint and warrant of arrest against the said Emma York, and affidavits alleging the fact required to be established, and respectfully certify: First, that, in my opinion, the ends of public justice require that the said Emma York be brought back to this state for trial at the public expense as a charge upon this state; second, that I have, as I believe, within my reach, and will be able to produce upon the trial, evidence sufficient to secure conviction; third, no other application has been made, nor has any requisition been issued, for this person, growing out of the transaction set out in the present exemplification of record; fourth, I believe that the criminal named is now under arrest in the state of Colorado awaiting requisition; fifth, the said Emma York, at the time she fled therefrom, was a resident of this state. I name Charles Crockett as a proper person to be designated as agent, and certify that he has no private interest in the arrest of the fugitive.

'I am, sir, very respectfully, William S. Barnes,

'District Attorney, City and County of San Francisco.'

'In the Police Court of the City and County of San Francisco, State of California.

'The People of the State of California vs. Emma York, alias Emma Brewer.

'William C. Cook, being duly sworn, deposes and says that he is a resident of the city and county of San Francisco, state of California. That on the 29th day of March, 1896, he was the business partner of one C. F. Gibson,

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