Flegenheimer v. United States

Decision Date07 October 1936
Docket NumberNo. 6000.,6000.
Citation110 F.2d 379
PartiesFLEGENHEIMER v. UNITED STATES.
CourtU.S. Court of Appeals — Third Circuit

George S. Silzer, of Newark, N. J., and John E. Toolan, of Perth Amboy, N. J., for appellant.

Thorn Lord, Asst. U. S. Atty., of Trenton, N. J., and John W. Burke, Jr., Sp. Asst. to Atty. Gen., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case concerns, primarily, the appeal of Arthur Flegenheimer, whom for brevity we refer to as "the deceased"; and secondly, his counsel in certain proceedings in the court below.

Referring first to the former matter, it appears deceased was a notorious alleged bootlegger and tax evader. An indictment in the Southern District of New York was found against him in about 1933 for violation of the income tax laws. Following this indictment, on which he was not arrested, deceased was tried on an indictment in the Northern District of New York and the jury failing to agree, he was tried a second time and acquitted. Just why it does not appear, but for its own reasons the Government saw fit to take no steps — although he appeared at both trials — to arrest him for removal to the Southern District of New York. By September 20, 1935, he seems to have made up his mind to surrender himself to the United States authorities in the District of New Jersey, and George S. Silzer, John E. Toolan and Harry H. Weinberger were retained as his counsel, who were in due course informed that he would come to, or be in, Perth Amboy, New Jersey. His counsel, conceiving that the surrender should be made to the United States Commissioner nearest to Perth Amboy, pursuant to Section 595, Title 18, of the Criminal Code, U.S.C.A., who in this case was United States Commissioner Spritzer, residing at New Brunswick, New Jersey, notified the Commissioner that their client would appear for surrender and fixation of bail. Thereupon the said Commissioner called up the office of the United States Attorney for the District of New Jersey and informed it of the intended surrender and that office replied that as there was no charge in that office against the man, they were not concerned. The Commissioner thereupon called up the United States District Attorney's office of the Southern District of New York and informed them of the same fact and that he would give them an opportunity to be heard. Following this the deceased came to the office of the Commissioner and offered to give bail. The representative of the Southern District of New York appeared and with him the United States Marshal of the District of New Jersey, who had a bench warrant from one of the Judges of the New Jersey United States District Court. A discussion ensued, Toolan and the United States Commissioner contending that the jurisdiction rested wholly under the Act of Congress, with the Commissioner; but when the Judge was called up by phone, he directed that the deceased be produced before him on the bench warrant. Accordingly, the Commissioner took no further action. Thereupon the deceased was taken before the judge and, as we view it, the simple question before that Judge was, was there probable cause for the removal of the defendant from New Jersey to the Southern District of New York. But pending the hearing of that question, which was never heard before the Judge or decided by him, an application was made by deceased for his release on bail, which was fixed by the Judge at $75,000. The deceased made the contention that the bail fixed by the court was excessive and oppressive, but the court refused to reduce the $75,000 bail demanded and declined to justify the bail offered in that amount by the deceased. Following this the deceased, contending that the Judge was biased and prejudiced against him in favor of the...

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8 cases
  • United States v. White
    • United States
    • U.S. District Court — Eastern District of Michigan
    • January 27, 2022
    ...1339 (7th Cir. 1993) (holding that the certificate must "stat[e] that the affidavit is made in good faith"); Flegenheimer v. United States , 110 F.2d 379, 381 (3d Cir. 1936) ("[I]t was right to call on his counsel to give the certificate provided by the statute in order to have the question......
  • United States v. Gilboy, Crim. No. 12880.
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • May 9, 1958
    ...680, affirmed 3 Cir., 1944, 148 F.2d 340; United States v. Flegenheimer, D.C.D. N.J.1935, 14 F.Supp. 584, at page 592, affirmed 3 Cir., 1936, 110 F.2d 379; Marquette Cement Mfg. Co. v. Federal Trade Commission, 7 Cir., 1945, 147 F.2d 589, 592; Fieldcrest Dairies, Inc., v. City of Chicago, s......
  • In re Union Leader Corporation, 5820 (Original)
    • United States
    • U.S. Court of Appeals — First Circuit
    • July 13, 1961
    ...well question the value of counsel's opinion of what is in his client's mind, and we certainly must disagree with Flegenheimer v. United States, 3 Cir., 1936, 110 F.2d 379, 381, that it is a client's "right" to have counsel's certification when counsel believes the affidavit's recitation to......
  • United States v. White
    • United States
    • U.S. District Court — Eastern District of Michigan
    • January 27, 2022
    ... ... , 380 F.2d 570, 577-78 & ... n.17 (D.C. Cir. 1967) (same); see also United States v ... Sykes , 7 F.3d 1331, 1339 (7th Cir. 1993) (holding that ... the certificate must “stat[e] that the affidavit is ... made in good faith”); Flegenheimer v. United ... States , 110 F.2d 379, 381 (3d Cir. 1936) (“[I]t ... was right to call on his counsel to give the certificate ... provided by the statute in order to have the question of bias ... determined.”). Granted, Defendant has filed the Motion ... pro se and ... ...
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