United States v. Schneider, 5159.

• Court: U.S. Court of Appeals — Third Circuit
• Writing for the Court: WOOLLEY, DAVIS, and THOMPSON, Circuit
• Citation: United States v. Schneider, 66 F.2d 563 (3rd Cir. 1933)
• Decision Date: 02 October 1933
• Docket Number: No. 5159.,5159.
• Parties: UNITED STATES ex rel. WEINBERGER v. SCHNEIDER, U. S. Marshal.

66 F.2d 563 (1933)

UNITED STATES ex rel. WEINBERGER v. SCHNEIDER, U. S. Marshal.

No. 5159.

Circuit Court of Appeals, Third Circuit.

July 25, 1933.

Rehearing Denied October 2, 1933.

Minturn & Weinberger, of Newark, N. J. (Merritt Lane, of Newark, N. J., of counsel), for appellant.

Harlan Besson, U. S. Atty., of Trenton, N. J., and George Z. Medalie, U. S. Atty., of New York City (Edmund Palmieri, of New York City, and Oliver Randolph, of Newark, N. J., of counsel), for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

Harry H. Weinberger, a citizen of New Jersey, had been indicted by the Grand Jury for the Southern District of New York for devising a scheme to defraud and using the mail, or causing it to be used, for the purpose of executing the same. Title 18 USCA § 338, Criminal Code § 215. After a hearing before a Commissioner, he was committed for removal. Weinberger then filed a petition for a writ of habeas corpus in the District Court of the United States for the District of New Jersey, which, after a lengthy hearing, dismissed the petition and granted a warrant of removal. From that order the petitioner appealed, contesting its validity on the ground that the government had, under the authorities, failed to show probable...