Ex parte Dawson

• Decision Date: 05 October 1897
• Docket Number: 908.
• Citation: 83 F. 306
• Parties: Ex parte DAWSON.
• Court: U.S. Court of Appeals — Eighth Circuit

83 F. 306

Ex parte DAWSON.

No. 908.

United States Court of Appeals, Eighth Circuit.

October 5, 1897

W. A Falconer, for appellant.

Before BREWER, Circuit Judge, SANBORN, Circuit Judge, and RINER District Judge.

RINER District Judge.

In November, 1896, L. P. Dawson filed his petition for a writ of habeas corpus in the district court for the Western district of Arkansas, alleging that he was unlawfully restrained of his liberty by one M. C. Rushin, contrary to the constitution and laws of the United States. The writ was issued, and on the return day the respondent made his return thereto, as follows:

'Comes M. C. Rushin, and produces herein the body of Oliver P Jones, who describes himself in the petition herein as L. P. Dawson, and states to the court that he has the said Dawson, alias Jones, in his custody under and pursuant to the following authority: The said Oliver P. Jones was indicted by the grand jury of Marion county, in the state of Georgia, for the crime of murder, and became a fugitive from the justice of the state of Georgia. That the governor of the state of Georgia appointed your respondent, M. C. Rushin, agent of the state of Georgia, to arrest, receive, and convey back to the state of Georgia the aforesaid Oliver P. Jones, and pursuant to such appointment (your respondent), proceeded to the state of Arkansas with a requisition from the governor of the state of Georgia to the governor of the state of Arkansas for the arrest and surrender to said Rushin of the said Oliver P. Jones, and accompanied therewith a copy of the indictment, certified by the governor of Georgia to be in due form. That pursuant to said requisition the governor of the state of Arkansas did on the 12th day of November, 1896, issue his warrant to the sheriff of Sebastian county, commanding him to take into custody the body of Oliver P. Jones, and deliver him to this respondent, M. C. Rushin; and pursuant to his duty in the premises this respondent, on the 13th day of November, 1896, received said Oliver P. Jones from the custody of the sheriff of Sebastian county, and is detaining him under said authority, and desires to proceed forthwith with him to the state of Georgia, and would have proceeded ere this but for the writ from this honorable court. Your respondent herewith tenders his appointment as agent of the state of Georgia, and the warrant of the governor of Arkansas, a copy of which is attached, and the return of the sheriff of Sebastian county, and prays that he be discharged herewith, and permitted to proceed with his duties, as agent of the state of Georgia, in conveying said Oliver P. Jones to be delivered to the justice of that state.

'M. C. Rushin.'

'State of Arkansas to the Sheriff of Sebastian, Greeting: Whereas, W. Y. Atkinson, governor of the state of Georgia, has, by his writ or requisition, accompanied by a copy of indictment in said state of Georgia, demanded the body of Oliver P. Jones, charged in the said state with the crime of murder, and said governor has certified that the accompanying indictment against said Jones is in due form: To the end, therefore, that justice may be done in the premises, you are hereby commanded to take the body of said Oliver P. Jones, and safely keep, and that you cause him to be delivered to M. C. Rushin, the agent of the state of Georgia, to be taken to said state, that he may be dealt with as law and justice may require. And all sheriffs, coroners, constables, and other officers to whom this writ may be shown are enjoined herein to aid and assist you in the execution thereof; and do you make due return of this writ.

'In testimony whereof, I have hereunto set my hand, and caused to be affixed the great seal of the state of Arkansas. Done at the city of Little Rock this the 12th day of November, in the year of our Lord one thousand eight hundred and ninety-six.

(Great Seal.)

James P. Clarke, 'Governor of Arkansas.'

'H. B. Armistead,

'Secretary of State.'

'State of Arkansas, County of Sebastian.

'I certify that, having the within-named Oliver P. Jones in my custody, I did on the 13th day of November, 1896, deliver his body to the within-named M. C. Rushin, as herein commanded.

T. W. Bugg, Sheriff.'

To this return the petition demurred, and the demurrer was overruled. The petitioner then filed a reply to the return, and on the hearing the issues of fact raised by the reply were determined in favor of the respondent, and the petitioner was remanded to the custody of the respondent. Thereupon he prayed an appeal to this court.

The only assignment of error urged upon the attention of the court by the petitioner as a ground for reversing the order of the district court is in the following words:

'It does not appear therein (by the return or the warrant of the governor of Arkansas) that the copy of the indictment accompanying the requisition of the governor of Georgia had been certified by said governor of Georgia to be duly authenticated.'

While it is not necessary to the...