Ryan v. Rogers

• Decision Date: 03 May 1913
• Docket Number: 752
• Citation: 132 P. 95,21 Wyo. 311
• Parties: RYAN v. ROGERS, SHERIFF
• Court: Wyoming Supreme Court

132 P. 95

21 Wyo. 311

RYAN v. ROGERS, SHERIFF

No. 752

Supreme Court of Wyoming

May 3, 1913

ORIGINAL proceeding on habeas corpus.

The material facts are stated in the opinion.

W. B Ross and Ray E. Lee, for plaintiff, contended that the identification of the plaintiff as the person indicted was not sufficient, and that the requisition papers were insufficient to justify the arrest, citing the following State ex rel. v. Richardson, 24 N.W. 354; Ex parte Powell, 20 Fla. 806; Ex parte Hart, 63 F. 249; Ex parte Smith, 22 Fed. Cas. No. 12,968; Ex parte Morgan, 20 F. 298; 8 Am. & Eng. Ann. Cas. 1068; Pierce v. People, 81 Ill 98; People ex rel. v. Byrnes et al., 33 Hun, 98; Barnes v. Nelson, 121 N.W. 89; Johnson v. Riley, 13 Ga. 97; State v. Bates, 102 Minn. 104, 112 N.W. 1026; 15 Fed. Cas. No. 8,162.

D. A. Preston, Attorney General, and George C. Bliss of Chicago, Illinois, Assistant State's Attorney, for defendant, contended that the identification of the plaintiff was sufficient; that the requisition papers were in proper form and sufficient to justify the arrest of the plaintiff and his return to the demanding state, citing the following: Laws of Illinois, Secs. 98, 99; Dubois v. People, 200 Ill. 157; People v. Weil et al., 244 Ill. 176; In re Keller, 36 F. 681; Ex parte Reggel, 114 U.S. 642; Roberts v. Riley, 116 U.S. 80; Pierce v. Texas, 155 U.S. 311; Munsey v. Clough, 196 U.S. 364; Pierce v. Creecy, 210 U.S. 387; People v. Baker, 127 N.Y.S. 382.

POTTER, JUSTICE. BEARD, J., concurs. SCOTT, C. J., did not sit.

OPINION

POTTER, JUSTICE.

This is an original proceeding in habeas corpus involving the arrest and imprisonment of the plaintiff, James Ryan, by the sheriff of Niobrara county in this state. Upon the presentation of the petition to one of the Justices of this court the writ was allowed and made returnable to the court. The officer's return to the writ, as well as the petition, shows that the plaintiff was arrested and is held by said sheriff by virtue of a warrant issued by the Governor of this state upon a requisition from the Governor of the State of Illinois, commanding that one Charles T. Crane, otherwise called James Ryan, be arrested, safely kept, and delivered to the agent named by the Governor of Illinois in said requisition.

The requisition of the Governor of Illinois directed to the Governor of this state, omitting the caption, attestation and signatures, is as follows: "Whereas, it appears by the papers required by the statutes of the United States, which are hereunto annexed, and which I certify to be authentic and duly authenticated in accordance with the laws of this state, that Charles T. Crane, otherwise called James Ryan, stands charged with the crime of Confidence Game, which I certify to be a crime under the laws of this state, committed in the county of Cook in this state, and it having been represented to me that he has fled from the justice of this state and has taken refuge in the state of Wyoming; Now, Therefore, pursuant to the provisions of the Constitution and Laws of the United States in such case made and provided, I do hereby require that the said Charles T. Crane, otherwise called James Ryan, be apprehended and delivered to William Murvane, who is hereby authorized to receive and convey him to the State of Illinois, there to be dealt with according to law." Accompanying and annexed to said requisition is a certified copy of an indictment presented by the grand jurors at the April Term, 1913, of the Criminal Court of Cook County in said State of Illinois, charging that one Charles T. Crane, late of the County of Cook, on the 3rd day of March, 1913, in said county and state, unlawfully, fraudulently and feloniously did obtain from Hope L. McEldowney a large amount of money, goods and personal property (describing the same), the goods, money and personal property of Hope L. McEldowney, by means and by use of the confidence game, contrary to the statute, and against the peace and dignity of the people of the State of Illinois. A second count is contained in the indictment charging the said Charles T. Crane with the crime of grand larceny, alleging the same money and property as that described in the first count, of the value of $ 15,500, to have been stolen, taken and carried away by the said Charles T. Crane on the date and in the county aforesaid. Annexed to said requisition is also a petition by the State's Attorney for Cook County, Illinois, directed to the Governor of that state, stating that Charles T. Crane, otherwise called James Ryan, stands charged "by the accompanying certified copy of indictment and affidavit with the crime of Confidence Game, committed in the County of Cook and State of Illinois, on or about the 3rd day of March, 1913; that on or about the 3rd day of March, 1913, the said Charles T. Crane, otherwise called James Ryan, fled from the State of Illinois, and is now, as your petitioner verily believes, in the County of Converse and State of Wyoming, fugitive from the justice of this state, and the grounds of such belief are as follows: Telegram from A. C. Jones that Charles T. Crane is under arrest by A. R. Rogers, Sheriff, Lusk, Wyoming. Therefore, your petitioner prays that a requisition may issue upon the Governor of the said State of Wyoming and that William Murvane of the City of Chicago, County of Cook, and State of Illinois, may be appointed messenger of the State of Illinois to go after, receive and return the said fugitive to the County of Cook, State of Illinois, for trial. Your petitioner further certifies that in his opinion the ends of public justice require that the said Charles T. Crane, otherwise called James Ryan, be brought to this state for trial at the public expense, and that he believes he has sufficient evidence to secure his or her conviction." An affidavit appears as a part of that petition signed and sworn to by Hope L. McEldowney, stating that the facts set forth in the petition are true, and that the requisition for the fugitive named therein is not sought for the purpose of collecting a debt, to allow any person to travel at the expense of the state, or to answer any private end whatever, and shall not be used for any of said objects. Said affidavit was sworn to April 18, 1913, before the Clerk of the Criminal Court of said Cook County, Illinois, the same appearing to be duly attested and authenticated. Also annexed to said requisition appears an affidavit in words and figures as follows:

"STATE OF ILLINOIS, COUNTY OF COOK,

IN THE CRIMINAL COURT OF COOK COUNTY.

The People of the State of Illinois vs. Charles T. Crane, otherwise called James Ryan.

Confidence Game.

In the matter of the extradition of Charles T. Crane, otherwise called James Ryan, defendant mentioned in the above entitled cause, and fugitive from justice.

Affidavit of Hope L. McEldowney, prosecuting witness in aid of the petition for extradition:

Hope L. McEldowney, being first duly sworn, according to law, deposes and says that she resides at 2969 Michigan avenue, City of Chicago, County of Cook and State of Illinois, and that she is acquainted with the said Charles T. Crane, otherwise known as James Ryan, and knows of her own knowledge that the said Charles T. Crane, otherwise known as James Ryan, was personally present in the City of Chicago, county and state aforesaid, on the 3rd day of March, 1913.

Affiant further says that on or about the 3rd day of March, A. D. 1913, the said Charles T. Crane, otherwise known as James Ryan, suggested to this affiant that she ought to put her money in railroad bonds, and told this affiant that Great Northern Railroad bonds would be a good investment for her and that he would gladly aid this affiant in helping her to invest her money; that thereupon this affiant, believing in the honesty and integrity of the said Charles T. Crane, otherwise known as James Ryan, and believing in the representations made by the said Charles T. Crane, otherwise known as James Ryan, that he would invest this money for her as he stated that he would, gave to the said Charles T. Crane, otherwise known as James Ryan, the sum of $ 15,500. Affiant further says that the said Charles T. Crane, otherwise known as James Ryan, having obtained the $ 15,500 above mentioned, immediately left the city of Chicago and fled the jurisdiction of Illinois and is now a fugitive from justice under arrest at Lusk, Wyoming, as this affiant is informed and believes from a telegram from A. C. Jones, Cheyenne, Wyoming, that the said Charles T. Crane, otherwise known as James Ryan, is under arrest at Lusk, Wyoming.

Affiant further says that the said Charles T. Crane, otherwise known as James Ryan, did not invest the said sum of money of $ 15,500 in any railroad bonds for her and that she did not receive any bonds at all from the said Charles T. Crane, otherwise known as James Ryan; nor has the said Charles T. Crane, otherwise known as James Ryan, returned to her the said sum of $ 15,500, or any part thereof.

Affiant further says that this prosecution is not brought for the purpose of collecting any debt nor to enable any one to ride free at the expense of the State, but is bona fide in every respect, and when the said Charles T. Crane, otherwise known as James Ryan, is returned to the County of Cook and jurisdiction of Illinois, this affiant will appear in the Criminal Court to testify against said defendant in the cause therein pending against him, as will more specifically appear from the attached copy of indictment, which are made a part of this affidavit.

And further affiant saith not.

(Signed) HOPE L. McELDOWNEY.

"STATE OF ILLINOIS, COUNTY OF COOK,

Hope L McEldowney being first duly sworn according to law, deposes and says that she has read...