People of the State of Illinois Ex Rel John Nichols v. James Pease
| Decision Date | 18 November 1907 |
| Docket Number | No. 19,19 |
| Citation | 52 L.Ed. 121,28 S.Ct. 58,207 U.S. 100 |
| Parties | PEOPLE OF THE STATE OF ILLINOIS EX REL. JOHN McNICHOLS, Plffs, in Err., v. JAMES PEASE, Sheriff of Cook County, Illinois |
| Court | U.S. Supreme Court |
Messrs. John F. Geeting and S. S. Gregory for plaintiffs in error.
[Argument of Counsel from pages 101-103 intentionally omitted] Messrs. E. C. Lindley, John J. Healy, and F. L. Barnett for defendant in error.
[Argument of Counsel from Pages 103-104 intentionally omitted] Mr. Justice Harlan delivered the opinion of the court:
This writ of error brings up for review a final judgment of the supreme court of Illinois in a case of habeas corpus arising under that clause of the Constitution providing that 'a person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime' [art. 4 § 2]; also, under § 5278 of the Revised Statutes (U. S. Comp. Stat. 1901, p. 3597). which provides, among other things, that 'whenever the executive authority of any state or territory demands any person as a fugitive from justice, of the executive authority of any state or territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any state or territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled, it shall be the duty of the executive authority of the state or territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.'
It appears from the record that the governor of Wisconsin made his requisition upon the governor of Illinois, stating that John McNichols (the present plaintiff in error) was charged by affidavit with the crime of larceny from the person of one Thomas Hansen,—a crime under the laws of Wisconsin,—committed in the county of Kenosha, Wisconsin, and that he had fled from the justice of that state and taken refuge in Illinois, and requiring that McNichols be apprehended and delivered to the appointed agent of Wisconsin, who was authorized to receive and convey the accused to Wisconsin, there to be dealt with according to law. Accompanying the requisition were duly certifled copies of three documents: 1. An official application to the governor of Wisconsin, by the district attorney for Kenosha county for a requisition upon the governor of Illinois for McNichols as a fugitive from the justice of Wisconsin, it being stated in such application cation that McNichols was there charged by affidavit before a justice of the peace with the crime of larceny from the person, committed in that county on the 30th day of September, 1905. 2. A verified complaint or affidavit before a Wisconsin justice of the peace, alleging that McNichols did, on the 30th day of September, A. D. 1905, at the city of Kenosha feloniously steal, take, and carry away from the person of Thomas Hansen, against his will, $200, lawful money of the United States, etc. 3. A warrant of arrest issued by such justice of the peace, based on the above affidavit, for the apprehension of McNichols.
The governor of Illinois, in conformity with the demand of the governor of Wisconsin, issued his warrant for the arrest and delivery of McNichols to the agent designated by the governor of the latter state. That warrant recited—and its recitals are important: 'The executive authority of the state of Wisconsin demands of me the apprehension and delivery of John McNichols, represented to be a fugitive from justice, and has, moreover, produced and laid before me the copy of a complaint and affidavit made by and before a properly empowered officer in and of the said state, in accordance with the laws thereof, charging John McNichols, the person so demanded, with having committed against the laws of the said state of Wisconsin the crime of larceny from the person, which appears by the said copy of a complaint and affidavit certified as authentic by the governor of the said state, now on file in the office of the secretary of state of Illinois, and being satisfied that said John McNichols is a fugitive from justice and has fled from the state of Wisconsin.' etc.
Having been arrested under the authority of that warrant, and being in the custody of the sheriff of Cook county, Illinois, McNichols presented his petition to the supreme court of that state,—whose jurisdiction in the premises is not disputed,—praying to be discharged from custody. That petition states that, prior to the issuing of the above extradition warrant, he was arrested upon a warrant issued by a justice of the peace in Chicago, based upon the supposed criminal offense, and that he presented his petition to the criminal court of Cook county for a writ of habeas corpus setting forth that he was not a fugitive from justice; that pending that proceeding the above extradition warrant was issued and brought to the attention of the criminal court, and thereupon that court, because of the gravity of the case, suspended proceedings in order to give the accused an opportunity to apply to the supreme court of Illinois for a writ of habeas corpus.
The present petition for habeas corpus presented to the supreme court of Illinois contained this paragraph: 'Your petitioner further shows that he has heard Thomas Hansen testify in a certain habeas corpus proceeding heretofore pending regarding this same matter [no doubt, the above proceeding in the Cook criminal court], the said Thomas Hansen stating in his testimony that he was the same person mentioned in said complaint, and the said Thomas Hansen then and there testifying that the said supposed crime occurred on September 30, 1905, at the hour of 2 P. M., about a block and a half from the Northwestern depot in Kenosha, Wisconsin; and your petitioner states that he was not in the state of Wisconsin on September 30, 1905, and did not commit the said offense, and in further proof thereof your petitioner herewith presents and attaches to this petition the affidavits of John F. Graff, William Oakley, Simon F. Bower, John A. Dennison, and Hugh Campbell, the same being marked respectively exhibits C, D, E, F, and G.' In one of the affidavits here referred to the affiant stated 'that upon the 30th day of September, A. D. 1905, the said John McNichols, to this affiant's personal knowledge, was in the city of Chicago at about the hour of 1 o'clock P. M., and that this affiant remained in the company of the said McNichols until 2: 15 P. M., and again met the said McNichols about 3 o'clock, P. M., said day; this affiant further says that it would have been impossible for the said McNichols to have been in the city of Kenosha, state of Wisconsin, on the said 30th day of September, A. D. 1905. In the remaining five affidavits the respective affiants, using precisely the same words, stated 'that upon the 30th day of September, A. D. 1905, said John McNichols, to this affiant's personal knowledge, was in the city of Chicago, the whole of the afternoon of the said day, this affiant and the said John McNichols during the said afternoon being in attendance at a baseball game in the said city of Chicago, between the Chicago and Boston teams, which said game was played at the West Side Ball Park.'
The record shows that the case was heard in the supreme court of Illinois upon 'the allegations and proofs' of the parties, and it was adjudged that the custody of the sheriff who held the accused should not be disturbed. But no bill of...
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