Andrews v. Swartz
| Decision Date | 04 February 1895 |
| Docket Number | No. 710,710 |
| Citation | 39 L.Ed. 422,156 U.S. 272,15 S.Ct. 389 |
| Parties | ANDREWS v. SWARTZ, Sheriff |
| Court | U.S. Supreme Court |
Geo. M. Shipman, for appellant.
Wm. A. Stryker, for respondent.
Andrews, the appellant, was convicted in the court of oyer and terminer for the county of Warren, N. J., of the crime of murder in the first degree, and sentenced to suffer the punishment of death.
He applied to the chancellor of the state for a writ of error, under a statute of New Jersey providing that 'writs of error in all criminal cases not punishable with death, shall be considered as writs of right, and issue of course; and in criminal cases punishable with death, writs of error shall be considered as writs of grace, and shall not issue but by the order of the chancellor for the time being, made upon motion or petition, notice whereof shall always be given to the attorney general or the prosecutor for the state.' Revision N. J. p. 283 (section 83, Cr. Proc.). This application was denied on the 6th of March, 1894.
On the 17th day of April, 1894, two days preceding that fixed for the execution of the sentence of death, the accused presented to the circuit court of the United States for the district of New Jersey a petition for a writ of habeas corpus, alleging that he was restrained of his liberty in violation of the constitution and laws of the United States.
The petition alleged that there was no sufficient cause for the restraint of his liberty, and that his detention in custody was illegal, for the following reasons:
'Your petitioner therefore prays that the court will grant to him the writ of habeas corpus, according to the statute in such case made and provided, and will inquire into the cause of said imprisonment, and vacate and set aside the said verdict of guilty, and stay the judgment of conviction, and that the petitioner may have a new trial, and that he may be dis- charged from the said imprisonment, and, further, will grant a writ of certiorari to the court of oyer and terminer of the county of Warren, commanding them to certify to this court true copies of the lists of grand and petit jurors for the term of December, 1893, and of the indictment and other proceedings in said cause of The State v. George Andrews, under and by virtue of which petitioner is held in custody.'
It was also alleged in the petition that when the accused was arraigned 'he called the attention of the court to the manner of selecting jurors, and to the fact that citizens of African descent were purposely excluded by the sheriff of Warren county from the grand jury which found the indictment, and from the petit jury summoned to try petitioner, and asked for an order of the court to take testimony to prove his allegations, and that, according to the law and practice of the court, petitioner's application should have been entertained, and decided upon the merits, and he should have been permitted to take testimony to show the unjust and illegal action of the said sheriff of Warren county, but that the court absolutely refused his motion, and refused to hear the proof which petitioner offered himself ready to make and produce, and compelled him to go to trial.'
There was annexed to the petition what purported to be a copy of the proceedings before the state court, as reported by a stenographer, and the petitioner averred that, by reason of the action of the court in permitting him 'to be tried by a...
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