Ex parte Hart

• Decision Date: 02 October 1894
• Docket Number: 76.
• Citation: 63 F. 249
• Parties: Ex parte HART.
• Court: U.S. Court of Appeals — Fourth Circuit

63 F. 249

Ex parte HART.

No. 76.

United States Court of Appeals, Fourth Circuit.

October 2, 1894

William Pinkney Whyte, for appellant.

John P Poe, for appellee.

Before GOFF and SIMONTON, Circuit Judges, and HUGHES, District Judge.

GOFF Circuit Judge.

On the 8th day of January, 1894, Samuel H. Hart filed his petition in the circuit court of the United States for the district of Maryland, alleging that he was unjustly deprived of his liberty, and illegally confined in the Baltimore city jail charged with the crime of embezzlement, and praying that the writ of habeas corpus issue. On the same day the court directed that the writ issue, which was done, and duly served. It appears from the return thereto that the petitoner was held in custody under a warrant issued by the governor of the state of Maryland, directed to Alexander G. Matthews agent of the state of Washington, by virtue of a requisition from the governor of the latter-named state, demanding the extradition of the petitioner as a fugitive from justice. With the return are filed copies of the requisition papers and of the governor's warrant of removal. It appears that the governor of Washington, on the 23d day of December, 1893, caused to be issued the following:

The State of Washington. Executive Department.

The Governor of the State of Washington, to His Excellency, the Governor of the State of Maryland: Whereas, it appears by a copy of information, which is hereunto annexed, and which I certify to be authentic and duly authenticated in accordance with the laws of this state, that Samuel H. Hart stands charged with the crime of larceny by embezzlement, which I certify to be a crime under the laws of this state, committed in the county of Pierce, in this state, and it having been represented to me that he has fled from the justice of this state, and is now to be found in the state of Maryland: Now, therefore, pursuant to the provisions of the constitution and the laws of the United States in such case made and provided, I do hereby require that the said Samuel H. Hart, be apprehended and delivered to A. G. Matthews, who is authorized to receive and convey him to the state of Washington, there to be dealt with according to law.

In testimony whereof, I have hereunto set my hand and caused to be affixed the seal of the state of Washington, at Olympia, this 23d day of December, in the year of our Lord one thousand eight hundred and ninety-three.

(Seal.)

J. H. McGraw.

By the Governor: J. H. Price, Secretary of State.

The copies referred to are as follows, viz:

To the Governor of the State of Washington: You are respectfully requested to issue a requisition upon the governor of Maryland for the apprehension and rendition of Samuel H. Hart, who stands charged by information pending in the superior court of the state of Washington in and for the county of Pierce with the crime of larceny by embezzlement, committed in Pierce county, state of Washington, but who has, since the commission of said offense, and before an arrest could be made upon process issued by said court, fled from the justice of the state of Washington, and into the state of Maryland, where I believe he may now be found. The time and circumstances of his flight, and the reasons for my belief as to where he may be found, are as follows: The said Samuel H. Hart and Frank A. Dinsmore were, on or about the 18th day of November, 1893, at the town of Buckley, county of Pierce, and state of Washington, conducting a certain banking business, the said Hart styling himself as president and the said Dinsmore styling himself as cashier, under the assumed name of the Buckley State Bank; but said banking institution was unincorporated, and the said Hart and the said Dinsmore were doing business only on their own account. That Alexander McNicol deposited with said Samuel H. Hart and the said Frank A. Dinsmore, and left with them for safe-keeping, to be returned to him upon demand and his check therefor, the sum of $502.75. That on or about the said 18th day of November, 1893, the said Samuel H. Hart and Frank A. Dinsmore left said town of Buckley for parts unknown, taking with them the money belonging to said Alexander McNicol, and the money of a large number of other depositors, to-wit, about the sum of $6,000. That after diligent search, and through the aid of the detective agency, the said Samuel H. Hart has been bound and arrested in the city of Baltimore, in the state of Maryland, where he is now held, as affiant is informed, awaiting an order from the governor of this state for his return upon extradition to answer for the crime committed as aforesaid. In my opinion, the ends of justice require that he be brought back to this state for trial; that the facts stated in the information are true, and that the prosectuion of said Samuel H. Hart would in all probability result in his conviction of the crime charged. I herewith present a duly-certified copy of the original information now on file in the office of the clerk of the superior court of said Pierce county. The requisition asked for said fugitive is not sought for the purpose of collecting a debt or enforcing a civil remedy, or to answer any other private end whatever, nor shall the criminal proceedings, when such offender is arrested, be used for any of said purposes.

Dated at Tacoma, Washington, December 23rd, 1893.

Alexander McNicol.

State of Washington, County of Pierce-- ss: I, Alexander McNicol, being first duly sworn, say that the facts set out in the foregoing application are true, as I verily believe.

Alexander McNicol.

Subscribed and sworn to before me this 23rd day of December, 1893.

(Seal.)

W. A. Ryan,

Clerk of Superior Court of Pierce County, Washington.

To the Governor: Having carefully examined the foregoing application and accompanying papers, I hereby approve the same, and in my opinion it would be proper for you to issue the requisition asked for. I nominate Alexander G. Matthews, sheriff of Pierce, Washington, as a proper person to be appointed and commissioned by you as the agent of the state of Washington to receive the said fugitive when he shall be apprehended, and bring him to this state, and deliver him into the custody of the sheriff of said county.

W. H. Snell, Prosecuting Attorney.

Copy of Act.

Larceny by Embezzlement. If any agent, clerk, officer, servant, or person to whom any money or other property shall be intrusted, with or without hire, shall fraudulently convert to his own use, or shall fail to account to the person so intrusting it to him, he shall be deemed guilty of larceny, and on conviction thereof shall be imprisoned in the penitentiary not more than ten years nor less than one year, or be imprisoned in the county jail for any length of time not exceeding one year.

In the Superior Court of the State of Washington, in and for the County of Pierce.

The State of Washington vs. Samuel H. Hart, Frank A. Dinsmore.

Information.

Samuel H. Hart and Frank A. Dinsmore are accused by the prosecuting attorney of the county of Pierce, state of Washington, by this information, of the crime of larceny by embezzlement, committed as follows: The said Samuel H. Hart and Frank A. Dinsmore, on or about the eighteenth day of November, eighteen hundred and ninety-three, at the county of Pierce, and state of Washington, and within one year prior to the filing of this information, then and there being persons to whom was intrusted by one Alexander McNicol, in said county of Pierce, and state of Washington, with certain lawful money of the United States, to wit, the sum of five hundred and two dollars, of the value of five hundred and two dollars, and the said Samuel H. Hart and Frank A. Dinsmore then and there having possession of said money, the property of said Alexander McNicol, by reason of said said money being so intrusted to them by the said Alexander McNicol, did unlawfully, wrongfully, and feloniously and fraudulently convert the said money, to wit, the said sum of five hundred and two dollars, to their own use, and did unlawfully, fraudulently, and feloniously fail to account to the said Alexander McNicol therefor, with the intent then and there to defraud, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Washington.

W. H. Snell, Prosecuting Attorney.

State of Washington, County of Pierce-- ss: W. H. Snell, prosecuting attorney, being duly sworn, upon oath says that he has read the foregoing information, knows the contents thereof, and believes the same to be true.

W. H. Snell.

Subscribed and sworn before me, the 22d day of December, A. D. 1893.

(Seal.)

Chas. Bedford, Notary Public. Residence: Tacoma, Washington.

Indorsed:

No. 7,858.

In the Superior Court of the State of Washington, in and for Pierce County.

The State of Washington vs Samuel H. Hart and Frank A. Dinsmore.

Information. Crime Charged: Larceny by Embezzlement.

Names of witnesses examined and known at the time of filing the foregoing information: Alexander McNicol, James McNeeley, Forest France, James Gallagher, Wm. Fettig, W. D. Jones, John McKinnell, Thomas McNeeley, Wm. Campinskey.

Filed Dec. 23, 1893.

W. A. Ryan, Clerk. By H. Johnston, Deputy.

State of Washington, Plaintiff, vs. Samuel H. Hart and Frank A. Dinsmore, Defendants. Certificate.

State of Washington, County of Pierce-- ss.: I, W. A. Ryan, county clerk, and clerk of the superior court of the state of Washington, for the county of Pierce, holding terms at Tacoma, in said county, do hereby certify that the annexed is a full, true, and correct copy of the information in the above-entitled action, now on file in this office.

Witness my hand and the seal of...