United States v. Ruroede

CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
Citation220 F. 210
Decision Date01 January 1914
PartiesUNITED STATES v. RUROEDE et al.

220 F. 210

UNITED STATES
v.
RUROEDE et al.

United States District Court, S.D. New York.

January 1, 1914


[220 F. 211]

H. Snowden Marshall, U.S. Atty., of New York City.

Charles A. Oberwager, of New York City, for defendants.

AUGUSTUS N. HAND, District Judge.

The prisoner was arrested upon a complaint by the Acting Division Superintendent of the Department of Justice, which stated:

'On information and belief that on or about the 15th day of November, 1914, the above-named defendants * * * unlawfully, willfully, knowingly and feloniously did conspire to defraud the United States and to effect the object of the said conspiracy the defendant Carl Ruroede did on the 31st day of December, 1913, at the city of New York * * * have an interview with the defendant John Aucher against the peace of the United States and their dignity and contrary to the form of the statute of the United States in such case made and provided
'The source of deponent's information and the grounds for his belief as to the facts herein are based upon an official investigation thereof to disclose the nature of which would be contrary to public policy and would be injurious to the government's case and the same will be presented in full at the hearing upon this complaint.'

The warrant issued by the commissioner for the arrest of Ruroede follows the exact language of the complaint in the description of the crime and the overt act.

The accused appeared before the commissioner and waived examination. He now comes before me on a writ of habeas corpus and seeks a discharge upon the ground that the complaint alleges no facts constituting a crime.

It is true that numerous cases hold that less precision is necessary upon an affidavit for commitment than in the case of an indictment; but nevertheless I think the rule is fundamental to the common law that a prisoner is entitled at all times to be apprised of the crime of which he is accused, and also of the acts charged constituting that crime. [220 F. 212]

It is to be observed that section 1014 of the Revised Statutes, under which the proceeding for the arrest of Ruroede was taken, provides that the offender may 'by any commissioner * * * and agreeably to the usual mode of process against offenders in such state (referring to the state where the accused has been found), and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense.'

The late Judge Addison Brown, in the case of United States v. Greene (D.C.) 100 F. 941, following the opinion of Mr. Justice Curtis of the Supreme Court of the United States in the old case of United States v. Rundlett, 2 Curt. 41, Fed. Cas. No. 16,208, held that it was the effect of section 1014 to assimilate all proceedings for holding accused prisoners to answer before a court of the United States to proceedings had for similar purposes by laws of the state where the proceedings might take place.

Section 149 of the Code of Criminal Procedure of the state of New York, referring to proceedings before a committing magistrate, provides that the depositions upon which the warrant is issued 'must set forth the facts * * * tending to establish the commission of the crime and the guilt of the defendant.'

In the case of United States v. Greene, supra, Judge Brown held that where there had been an indictment in another district, and the United States had applied for a removal to that district...

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13 practice notes
  • Wood v. United States, No. 7863.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 9, 1942
    ...punish for contempt by fine and imprisonment, enforce its judgments similarly, etc. 14 Cf. United States v. Ruroede, D.C. S.D.N.Y.1915, 220 F. 210; People v. Moss, 1907, 187 N.Y. 410, 80 N.E. 383, 11 L.R.A.,N.S., 528, 10 Ann.Cas. 309; Housel & Walser, Defending and Prosecuting Federal Crimi......
  • Di Bella v. United States, No. 349
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 23, 1960
    ...D.C.N.D.N.Y., 1929, 32 F.2d 793; * * * United States v. Pollack, D.C.N.J., 1946, 64 F.Supp. 554; United States v. Ruroede, D.C.S.D.N.Y., 220 F. 210." Recently the question of the sufficiency of a complaint to justify a warrant of arrest was considered in Giordenello v. United States, 357 U.......
  • Importing Co v. United States, GO-BART
    • United States
    • United States Supreme Court
    • January 5, 1931
    ...92 U. S. 542, 558, 23 L. Ed. 588; United States v. Hess, 124 U. S. 483, 8 S. Ct. 571, 31 L. Ed. 516; United States v. Ruroede (D. C.) 220 F. 210, Page 356 212, 213. The warrant was improvidently issued and invalid on its face. It does not purport to authorize anyone other than the marshal a......
  • Giordenello v. United States, No. 16065.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 17, 1957
    ...to the contrary appears in the opinion of Judge Augustus N. Hand in the district court case of United States v. Ruroede, D.C.S.D.N.Y., 220 F. 210, 213. In that case there was no suggestion of the gist of the offense of which the defendant was charged, and the court properly held there would......
  • Request a trial to view additional results
13 cases
  • Wood v. United States, No. 7863.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 9, 1942
    ...punish for contempt by fine and imprisonment, enforce its judgments similarly, etc. 14 Cf. United States v. Ruroede, D.C. S.D.N.Y.1915, 220 F. 210; People v. Moss, 1907, 187 N.Y. 410, 80 N.E. 383, 11 L.R.A.,N.S., 528, 10 Ann.Cas. 309; Housel & Walser, Defending and Prosecuting Federal Crimi......
  • Di Bella v. United States, No. 349
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 23, 1960
    ...D.C.N.D.N.Y., 1929, 32 F.2d 793; * * * United States v. Pollack, D.C.N.J., 1946, 64 F.Supp. 554; United States v. Ruroede, D.C.S.D.N.Y., 220 F. 210." Recently the question of the sufficiency of a complaint to justify a warrant of arrest was considered in Giordenello v. United States, 357 U.......
  • Importing Co v. United States, GO-BART
    • United States
    • United States Supreme Court
    • January 5, 1931
    ...92 U. S. 542, 558, 23 L. Ed. 588; United States v. Hess, 124 U. S. 483, 8 S. Ct. 571, 31 L. Ed. 516; United States v. Ruroede (D. C.) 220 F. 210, Page 356 212, 213. The warrant was improvidently issued and invalid on its face. It does not purport to authorize anyone other than the marshal a......
  • Giordenello v. United States, No. 16065.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 17, 1957
    ...to the contrary appears in the opinion of Judge Augustus N. Hand in the district court case of United States v. Ruroede, D.C.S.D.N.Y., 220 F. 210, 213. In that case there was no suggestion of the gist of the offense of which the defendant was charged, and the court properly held there would......
  • Request a trial to view additional results

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