Ex Parte Coleman

• Decision Date: 12 February 1908
• Parties: Ex parte COLEMAN.
• Court: Texas Court of Criminal Appeals

113 S.W. 17

Ex parte COLEMAN.

Court of Criminal Appeals of Texas.

February 12, 1908.

Rehearing Denied June 24, 1908.

Application for a writ of habeas corpus by William H. Coleman. Writ denied. Petitioner remanded.

Crawford & Lamar and M. L. Dye, for appellant. Walter F. Seay, Lee Richardson, and F. J. McCord, Asst. Atty. Gen., for the State.

BROOKS, J.

This is an original application for a writ of habeas corpus, which was granted by this court, and relator insists that he is illegally restrained of his liberty by A. L. Ledbetter, sheriff of Dallas county, Tex., for various reasons, and asks this court to release him. After the original application was granted by this court, the sheriff came in and made return showing that he held relator in custody under a writ of arrest issued by John G. Bradley, clerk of the criminal court of Jefferson county, Ala.; second, a warrant of arrest issued by J. F. Williams, justice of the peace, precinct No. 1, Dallas county, Tex.; third, an authorization for the person of Henry Coleman, issued to Robert L. Collier on January 7, 1908, by B. B. Comer, Governor of the state of Alabama, a copy of which is attached; fourth, an executive warrant for the custody of Henry Coleman, issued on the 13th day of January, 1908, by his excellency, T. M. Campbell, Governor of the state of Texas. A copy of all of said papers is attached to the sheriff's return.

After the above return was made, the sheriff amended his return, which was entirely proper. The same shows that, in addition to the above, he holds relator by virtue of (a) an affidavit filed by Elisha A. Reeves in the criminal court of Jefferson county, Ala., on the 6th day of January, 1908, charging the relator with murder; (b) a petition, filed and sworn to by H. P. Heflin, solicitor of Jefferson county, Ala., signed and sworn to on the 6th day of January, A. D. 1908, which petition prays for the extradition of relator, to the end that he may be returned to the state of Alabama to be prosecuted for the crime of murder; (c) a warrant of arrest, issued by S. L. Weaver, judge of the criminal court of Jefferson county, Ala., for the arrest of the relator on a charge of murder, the said warrant being issued on January 6, 1908; (d) a requisition issued by the Governor of the state of Alabama, directed to the Governor of the state of Texas, requesting that the relator be apprehended and delivered to Robert L. Collier, to be conveyed to the state of Alabama, to be prosecuted for the crime of murder of which he stands charged in the state of Alabama; (e) a written authorization, issued by the Governor of the state of Alabama, which confers authority on Robert L. Collier to receive for the authorities of the state of Alabama, to answer to a charge of murder alleged to have been committed in said state, the said authorization having been issued on January 7, 1908, a copy of which is attached to the relator's petition, and the original of which is on file in this court; (f) an executive warrant issued by the Governor of the state of Texas, on January 13, 1908, which warrant authorizes the relator's delivery to Robert L. Collier, to be conveyed to the state of Alabama, to be tried on a charge of murder in said state, a copy of which executive warrant is attached to relator's petition filed herein, and the original of which is on file in this court.

The requisition of the Governor of the state of Alabama reads as follows:

"Executive Department, State of Alabama. The Governor of the State of Alabama, to his Excellency, the Governor of Texas: Whereas, it appears by the annexed copy of an affidavit, which is hereby duly certified to be authentic in accordance with the laws of this state, that Henry Coleman stands charged with the crime of murder, committed in the county of Jefferson, in this state, and it has been represented to me that Henry Coleman has fled from justice of this state and has taken refuge in the state: Now, therefore, pursuant to the provisions of the Constitution and laws of the United States in such case made and provided, I request that you cause the said Henry Coleman to be apprehended and delivered to Robt. L. Collier, who is hereby authorized to receive and convey him to the state of Alabama, there to be dealt with according to law. In witness whereof, I have hereunto set my hand and caused the great seal of the state to be affixed at the capitol, in the city of Montgomery, this 7th day of Jan'y, in the year of our Lord one thousand nine hundred and eight, and in the one hundred and thirty-second year of American Independence. B. B. Comer, Governor of Alabama. [Seal.] By the Governor: Frank N. Julian, Secretary of State."

The affidavit upon which said requisition of the Governor of Alabama is issued is as follows:

"State of Alabama, Jefferson County. Criminal Court. Before me, John G. Bradley, clerk of the criminal court, personally appeared H. P. Heflin, who prosecutes for the state in said county, who upon oath says that Henry Coleman stands charged in said county with the offense of murder; that said Henry Coleman is now a fugitive from justice in this state, and has taken refuge in the state of Texas; that this application for his extradition is made in good faith, for the sole purpose of prosecuting him for the offense with which he is charged, and not to procure his presence here to serve him with any civil process, nor to collect a debt, nor to enforce any claim, nor for any other improper purpose; that he has investigated the facts in this case, and is of the opinion that a conviction will be had. And the petition recommends Robert L. Collier as commissioner on the part of the state of Alabama to receive this prisoner. H. P. Heflin, Solicitor of Jefferson County, Alabama.

"Sworn to and subscribed before me this 6th day of January, 1908. John G. Bradley, Clerk of the Criminal Court of Jefferson County, Ala."

The accompanying affidavit of Elisha A. Reeves reads as follows:

"The State of Alabama, Jefferson County. The Criminal Court of Jefferson County, ____ Term, 190_. Personally appeared before me, S. L. Weaver, associate judge of the criminal court of Jefferson county, in and for said county, Elisha A. Reeves, who, being duly sworn, says that Henry Coleman, whose other and further name is unknown to affiant, within twelve months before making this affidavit in said county, did unlawfully and with malice aforethought kill James Cordray by shooting him with a pistol, against the peace and dignity of the state of Alabama. Elisha A. Reeves.

"Subscribed and sworn to before me this 6th day of January, 1908. S. L. Weaver, Associate Judge of the Criminal Court of Jefferson County."

The warrant of arrest is as follows:

"The State of Alabama, Jefferson County. To any Lawful Officer of Said County—Greeting: You are hereby commanded to arrest Henry Coleman, whose other and further name is unknown to affiant, and bring him before the judge of the court of Jefferson county at the present term of said court, to answer the state of Alabama on a charge of murder preferred by Elisha A. Reeves. Witness my hand this 6th day of January, 1908. S. L. Weaver, Judge of the Criminal Court of Jefferson county.

"Witnesses for State: ____, residence ____; Geo. W. Courson, Deputy Sheriff; W. J. McGrail, City; W. D. Paris, City."

The certificate of the clerk to said warrant is indorsed thereon as follows:

"The State of Alabama, Jefferson County. I, John G. Bradley, clerk of the criminal court of Jefferson county, in and for said county and state, do hereby certify that the within and foregoing is a true, complete, and correct copy of the affidavit and warrant now on file in my office, in a cause wherein the state of Alabama is plaintiff and Henry Coleman is defendant, which cause is now pending for trial. Witness my hand this 6th day of January, 1908. John G. Bradley, Clerk."

The requisition issued by the Governor of the state of Texas is as follows:

"The State of Texas, to All and Singular the Sheriffs, Constables, and Other Civil Officers of said State: Whereas, it has been made known to me by the Governor of the state of Alabama that Henry Coleman stands charged by indictment before the proper authorities with the crime of murder, committed in said state, and that the said defendant has taken refuge in the state of Texas; and whereas, the said Governor, in pursuance of the Constitution and laws of the United States, has demanded of me that I cause the said fugitive to be arrested and delivered to Robt. L....