Ex parte Graves
| Decision Date | 29 November 1920 |
| Citation | 236 Mass. 493,128 N.E. 867 |
| Parties | Ex parte GRAVES. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Case Reserved from Supreme Judicial Court, Suffolk County; Edward P. Pierce, Judge.
Petitions for habeas corpus by Edwin E. Graves. The first petition was denied, petitioner remanded to custody, and the case reported at his request by the single justice to the Supreme Judicial Court. On the second petition, petitioner was admitted to bail, and at his request the record reserved by the single justice of the Supreme Judicial Court for the determination of the full court. In the first case, petitioner discharged; in the second case, petitioner remanded to custody.
The affidavits accompanying the second requisition of the Governor of Illinois for petitioner as a fugitive from justice to Massachusetts follow:
State of Illinois, County of Cook-ss.:
The People of the State of Illinois v. Edwin E. Graves.
Straud B. Galey, being first duly sworn, on oath deposes and says that he is a resident of Oak Park, County of Cook and State of Illinois, and has a place of business in the City of Chicago, County of Cook and State of Illinois; that he knows and has known the above named defendant personally since February, A. D. 1920; that he knows of his own knowledge that the above named defendant, Edwin E. Graves, was physically and personally present in the City of Chicago, County of Cook and State of Illinois on the 11th day of March, A. D. 1920; that this affiant on said day saw the above named Edwin E. Graves, defendant, in the City of Chicago, County of Cook and State of Illinois.
Affiant further states that he knows that the said Edwin E. Graves is Vice-President of the Upholsterers & Trimmers International Union of North America and was present on the 11th day of March, A. D. 1920, at the offices of the Upholsterers Union of Chicago, Illinois, Local No. 24, 165 North La Salle Street, City of Chicago, County of Cook and State of Illinois, which is a part of the Upholsterers & Trimmers International Union of North America.
This affiant further says that on the day the bomb was thrown at the factory of Valentine-Seaver Co., a corporation, in the City of Chicago, County of Cook and State of Illinois, as alleged in the accompanying certified copy of indictment, on the 11th day of March, A. D. 1920, this affiant saw said Edwin E. Graves, Roy F. Hull, and others mentioned in said certified copy of the indictment, at the aforesaid office in the City of Chicago, County of Cook and State of Illinois.
This affiant further says that on said 11th day of March, A. D. 1920, said Edwin E. Graves was personally and physically present at the time said above mentioned crime was committed.
This affiant further says that on or about the 21st day of March, A. D. 1920, said Edwin E. Graves left the City of Chicago, and his whereabouts were not known until the 6th day of April, A. D. 1920, when this affiant, upon due research and investigation, discovered that the Chief of Police of Medford, Massachusetts, telegraphed to Maclay Hoyne, State's Attorney of Cook County, Illinois, that he had said Edwin E. Graves in custody, whereupon this affiant proceeded at once, with the aid of the State's Attorney's office of Cook County, to procure and prepare the necessary extradition papers to bring said Edwin E. Graves back to the City of Chicago, County of Cook and State of Illinois.
This affiant further says that he believes the ends of public justice require that said Edwin E. Graves be brought back to the City of Chicago, County of Cook and State of Illinois for trial on the original indictment heretofore mentioned, and that he believes the State has sufficient evidence to secure the conviction of said Edwin E. Graves, and that the application for his extradition is not made for the purpose of enforcing any debt or for any private purpose whatever, and that if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects.
This affiant further says that there has been a former application for the requisition and extradition of said Edwin E. Graves from the State of Massachusetts, and that the said application for requisition and extradition grows out of the same transaction and was issued and forwarded to the State of Massachusetts on or about April 7th, A. D. 1920, and that the said Edwin E. Graves was taken into custody on said extradition papers and the Governor's warrant of the State of Massachusetts, and that the said Edwin E. Graves immediately applied for a writ of habeas corpus to the Supreme Court of Massachusetts before His Honor Judge Pierce, who dismissed the petition of said Edwin E. Graves for said writ of habeas corpus, but allowed a report of the case to be made to the full bench of the Supreme Court of the State of Massachusetts, due to certain alleged irregularities and informalities in said papers, and hence this affiant on behalf of the People of the State of Illinois makes a second request for the extradition of said Edwin E. Graves, for the sole purpose of rectifying any irregularities or informalities that may exist in said first set of papers, to satisfy said Supreme Court of Massachusetts and the Governor of said State that this affiant and the State's Attorney of Cook County, Illinois, are bona find and sincere in the making of the first and second application, and that this second application is not made for the purpose of confusion, annoyance or embarrassment to the Governor of the State of Massachusetts or to the Supreme Court of said State. This affiant further says that there exists an immediate necessity for the presence of said Edwin E. Graves in the City of Chicago, County of Cook and State of Illinois, as the other co-defendants mentioned in the certified copy of the indictment hereto attached are before the Criminal Court of Cook County, Illinois, awaiting trial, and that the State of Illinois desires to try said Edwin E. Graves, together with the other co-defendants mentioned, all at one and the same time, and is therefore desirous of having said Edwin E. Graves returned to the City of Chicago, County of Cook and State of Illinois at the earliest possible moment, so that all the defendants mentioned in said indictment may be tried at one time.
Straud B. Galey.
State of Illinois, County of Cook-ss.:
Straud B. Galey, being first duly sworn, on oath deposes and says that he has read the above and foregoing affidavit, by him subscribed, and knows the contents thereof, and that the same is true in substance and in fact.
Straud B. Galey.
Subscribed and sworn to before me this 9th day of July, A. D. 1920. William R. Parker, Clerk of the Criminal Court of Cook County, Illinois. [Seal.]
State of Illinois, County of Cook-ss.:
The People of The State of Illinois v. Edwin E. Graves.
Conspiracy.
Affidavit of Harry L. Carr in Aid of Extradition of Edwin E. Graves, Defendant, Fugitive from Justice.
Harry L. Carr being first duly sworn upon his oath deposes and says that he knows Edwin E. Graves, the above named defendant. That the Edwin E. Graves that he knows is the same Edwin E. Graves that is named as the defendant in a True Bill returned by the Grand Jury in and for Cook County, Illinois, on the 7th day of April, 1920, General No. 20024, Criminal Court of Cook County, Illinois.
This affiant further states that he knows of his own knowledge that the above named defendant, Edwin E. Graves, was physically and personally present in the City of Chicago, County of Cook and State of Illinois on the 9th day of March, 1920, on the 10th day of March, 1920, on the 11th day of March, 1920, on the 12th day of March, 1920, on the 13th day of March, 1920 and at the time the crime alleged in the indictment was committed.
This affiant further states that he saw the above named defendant, Edwin E. Graves in the City of Chicago, County of Cook and State of Illinois on the 9th day of March, 1920, on the 10th day of March, 1920, on the 11th day of March, 1920, on the 12th day of March, 1920, and on the 13th day of March, 1920. That on each of the said above named dates he saw the said Edwin E. Graves, above named defendant, in the City of Chicago, County of Cook and State of Illinois. This affiant further states that he is a resident of Chicago, Cook County, Illinois, and has been a resident of said Chicago, Cook County, Illinois, for sixteen years.
[Signed] Harry L. Carr.
Harry L. Carr, being first duly sworn upon his oath deposes and says that he has read the above and foregoing affidavit and signed the same and that the same is true in substance and in fact.
[Signed] Harry L. Carr.
Subscribed and sworn to before me this 30th day of April, 1920.
[Signed] John Weaver Sherman,
[Seal.] Notary Public.
My commission expires June 7, 1923.Frederick W. & Edmund R. Mansfield, both of Boston, for petitioner.
J. Weston Allen, Atty. Gen., and Maynard Teall, Asst. Atty. Gen. (John W. Corcoran, of Brookline, of counsel), for respondent Keating.
These are two petitions each for the writ of habeas corpus. The petitioner asks release from arrest by an officer of the Division of State Police, Department of Public Safety, upon two warrants, issued by the governor of this Commonwealth on demand of the governor of the State of Illinois, for his extradition to answer to indictments found by a grand jury in the latter State.
[2] I. The warrant on which the petitioner was arrested in the first case was directed. ‘To the Sheriffs, Deputy Sheriffs, Division of State Police Department of Public Safety, and other officers of and in the several cities and counties of this Commonwealth.’ The petition alleges and the answer and return admit that the arrest was made by Arthur E. Keating, an officer of the Division of State Police, Department of Public Safety of the Commonwealth. See St. 1919, c....
To continue reading
Request your trial
-
In re Murphy
...the Governor in his discretion to obtain assistance in the investigation of a requisition for extradition. See Graves's Case, 236 Mass. 493, 498, 128 N.E. 867. There is nothing in the statute itself or in any other provision of law requiring a report made under it to be admitted in evidence......
-
Ierardi, In re
...which is in process of execution under a proper warrant from the court.' Id. at 612, 89 N.E. at 175. See Graves's Case, 236 Mass. 493, 497--498, 128 N.E. 867 (1920); Harris, petitioner, 309 Mass. 180, 182, 34 N.E.2d 504 The opinion referred to was advisory and we examine the subject anew wh......
-
In re Baker
...to custody under the warrant of the Governor for rendition to the agent of the Governor of the State of New Hampshire. Graves' Case, 236 Mass. 493, 128 N.E. 867. So ...
-
Maldonado, In re
...618, 67 L.Ed. 1062 (1923); United States ex rel. Rutz v. Levy, supra, 268 U.S. at 393--394, 45 S.Ct. 516; cf. Graves's Case, 236 Mass. 493, 496--497, 128 N.E. 867 (1920). There is no change of result under the Uniform Act where a fugitive complaint is dismissed and another brought for the s......