Reed v. Madden

• Decision Date: 29 January 1937
• Docket Number: No. 10703.,10703.
• Citation: 87 F.2d 846
• Parties: REED v. MADDEN, Sheriff.
• Court: U.S. Court of Appeals — Eighth Circuit

87 F.2d 846 (1937)

REED v. MADDEN, Sheriff.

No. 10703.

Circuit Court of Appeals, Eighth Circuit.

January 29, 1937.

Harry C. Blanton, U. S. Atty., of Sikeston, Mo. (Frank A. Thompson, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Forrest G. Ferris, Sr., of St. Louis, Mo. (Staunton E. Boudreau and Franklin Miller, both of St. Louis, Mo., on the brief), for appellee.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

This is a proceeding under section 453 of title 28 U.S.C.A. which, so far as here pertinent, reads thus: "The writ of habeas corpus shall in no case extend to a prisoner in jail unless where he is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States."

Section 461, 28 U.S.C.A., provides that the hearing shall be summary, and that: "The court, or justice, or judge shall proceed in a summary way to determine the facts of the case, by hearing the testimony and arguments, and thereupon to dispose of the party as law and justice require."

Appellant, the petitioner, was and is a duly commissioned Agent of the Bureau (formerly Division) of Investigation of the Department of Justice of the United States. He applied for this writ to procure his release from the custody of respondent Madden, sheriff of the city of St. Louis, Mo., by whom he was held under an indictment, returned in the circuit court of that city, charging him with manslaughter in causing the death of one Dessie Masterson. Appellant alleges that his acts, which form the basis of the charge against him, were done "in the performance of his duty in pursuance of the law of the United States." The Bureau of Investigation is the well-known department of the United States Government over which J. Edgar Hoover now presides, and whose activities have been enlisted to combat the epidemic of kidnapping and other major crimes with which all are familiar. The trial court at the hearing upon the writ entered the following judgment: "Petitioner remanded to the custody of the respondent, the Sheriff of the City of St. Louis, Missouri. In view of the ruling, the court conceives that it cannot, with propriety, make a statement of facts or conclusions."

A somewhat extended statement of the events leading up to the indictment against appellant is essential to a desirable understanding of the issues. St. Louis county, Mo., adjoins the city of St. Louis. The latter is organized as an independent county and is not to be confounded with the former.

In April, 1931, Dr. I. D. Kelley was kidnapped in St. Louis county, of which Clayton is the county seat. Somewhat more than two years thereafter a number of persons were indicted for the kidnapping, among them one Bart Davit, said to have a criminal record, and a negro named Johnson who confessed, and was being held at the home of Deputy Sheriff Newbold for his protection, since the state intended to use him as a witness against his codefendants. In May, 1934, Johnson was killed at the Newbold home by machine-gun fire. St. Louis county authorities and others immediately appealed to the Federal Government for aid in apprehending those responsible for the murder of Johnson. The seriousness of the situation in the minds of the St. Louis county authorities may best be gathered by a recital of the substance of the several applications made to Washington for federal aid.

May 28, 1934, C. Arthur Anderson, then prosecuting attorney of St. Louis county, new Congressman from that congressional district, wired the Attorney General for aid in the matter of investigating and collecting evidence for the prosecution of the persons charged with the kidnapping, and for investigation of the recent murder of the witness Johnson. He stated that he could not stress too strongly the need of such assistance, and suggested a personal conference. A grand jury was then in session, and on May 29, 1934, Anderson wrote to the Attorney General inclosing a partial report of the grand jury requesting federal assistance in the matter of the Johnson murder. This report was made to the circuit judge in whose court the grand jury was serving, and was very urgent and impressive. It calls attention to the outrage committed by the murder of an important witness in a prosecution for a major crime. It was further presented that the sheriff of St. Louis county was handicapped by lack of funds, lack of deputies, and by an authority limited to the confines of his own county. It requested aid not only for the preservation of law and order in Missouri, but also to check the growing use of state boundaries as an adjunct of crime. The report also contained this significant statement: "Information presented to this body indicates that the murderers and kidnappers are possessed of political alliances that will seek, and have sought, to thwart the prosecution of both the murderers and the kidnappers."

May 31, 1934, Circuit Judge Malloy mailed a copy of this grand jury report to the Attorney General and also to the President. In his letter to President Roosevelt, speaking of the kidnapping of Kelley and the murder of Johnson, Judge Malloy said: "The apparent peculiar relation of the two crimes and the dire emergency now confronting the law enforcement officers of St. Louis County and the State of Missouri would seem to warrant extraordinary methods and the employment of Federal Agencies."

In his letter to the Attorney General he made this statement: "The report appears to plainly indicate that the investigation of the case thus far made by the grand jury has revealed criminal organizations with interstate activities. The jury is comprised exclusively of outstanding citizens of this county." Hon. John J. Cochran, also a St. Louis Congressman, supplemented these applications by a letter to the Attorney General in which he called attention to a recent law, enacted since the murder of Johnson, purporting to confer jurisdiction upon the government "in the event that a felony has been committed and those committing the felony have left the state." In a letter to the Attorney General, dated June 2, 1934, the prosecuting attorney also cited this federal fugitive bill (18 U.S.C.A. § 408e). While in Washington upon this matter, Mr. Anderson spoke first to Mr. Keenan, Assistant Attorney General in charge of prosecutions, who introduced him to the Attorney General, with whom the situation was discussed. The Attorney General referred him to Assistant Attorney General Stanley, who assured him that he would have federal assistance, and he was instructed to call on Agent Yearsley, at that time in charge of the Bureau's St. Louis office. The Attorney General was likewise informed that the Dyer Act (18 U.S.C.A. § 408) also was involved since the vehicle which brought the killers to St. Louis county came across the state line from Illinois.

At this time appellant was in charge of the office of the Bureau in Charlotte, N. C. Pursuant to the understanding above stated he was transferred to St. Louis, and placed in charge of the Bureau's office there. Mr. Franklyn F. Yearsley was his predecessor and continued in the office as an agent after his arrival. On his way to St. Louis, Reed stopped in Washington and conferred with Director Hoover and various administrative assistants, by whom he was made aware of the communications received by the Department from St. Louis county officials. Reed was then thirty-five years of age. He had attended the University at Richmond, Va., for two years prior to his army service, after which he continued his schooling and received his law degree from Georgetown University. He had been highly trained for this service of investigation and had been an agent in it for approximately ten years.

A few days after his arrival in St. Louis, Prosecuting Attorney Anderson came to his office, and conferred with him about the Kelley kidnapping case and the murder of Johnson. The application of federal statutes and the necessity of federal aid were discussed and stressed. Among other things, Reed was informed by Anderson that a stolen car had been used in the murder of Johnson; that he had information that the car which brought the gangsters to Missouri had been stolen in Illinois; that machine-gun slugs had been found in the body of Johnson; and that this gun was thought to be in the possession of some of the gang to which Bart Davit belonged. Later a man named Lowe, who was working as an investigator with a St. Louis newspaper, was sent to Reed by Anderson. Lowe stated that he believed he could ascertain the identity of the murderers of Johnson, through certain people in the county with whom he had contact. He also said he had received information that the machine gun used in the killing of Johnson had also been used in the so-called Kansas City Massacre; that it belonged to Bart Davit and was being kept by friends of Davit. At this time there was in the county jail of St. Louis county a man named O'Connor who had served about four months of a six months' sentence upon some minor charge. July 6, 1934, Reed received a telephone message from Anderson, stating that he had information which he believed would be of value. He had O'Connor brought into his office and introduced him to Reed. O'Connor stated that for a period he had occupied the same "bull pen" with Davit; that Davit had got quite confidential with him; had told him about the machine gun, used to kill Johnson, which he intended to use again, when he "beat the rap," as expected. O'Connor thought he could get further information, and shortly thereafter Anderson had him paroled. O'Connor's statements tallied closely with the information...