169 Ind. 112 | Ind. | 1907
Habeas corpus. Appellant was arrested by appellee on a warrant issued by tbe Governor of this State based upon a requisition by the Governor of Tennessee for a return of appellant to the latter state as a fugitive from justice. Appellant, in his petition, alleges that he is now, and has been continuously since July, 1904, a resident of Indiana, and that on November 3, 1906, he was unlawfully arrested, and is now unlawfully restrained of his liberty, and imprisoned in Indianapolis by appellee, as superintendent of the police of said city, on a pretended charge of embezzlement in Tennessee; that he has not committed, nor been charged by anyone with committing, any crime in this State; that he has been arrested and imprisoned on a pretended indictment presented by the grand jury of Shelby county, Tennessee, at the September term, 1906, wherein E. T. Kemper is charged with having, in July, 1904, embezzled the sum of $1,500 belonging to certain persons; that said indictment charges no crime against the petitioner under the laws of this State, or of Tennessee; that said indictment purports to be- authenti
“For a third and further paragraph of answer and return to said writ, Robert Metzger, the defendant, and the person to whom the writ of habeas corpus herein was directed, says: That he is now and was at the time said writ was issued, superintendent of police of the city of Indianapolis, Marion county, Indiana, and for his answer and return thereof, upon oath, says: That said Ethelbert T. Kemper therein named was, at the time of the service of said writ upon the defendant, confined and restrained of his liberty by him as such superintendent of police, and that this defendant, since the service of said writ as aforesaid, to wit, on November 5, 1906, transferred said Ethelbert T. Kemper to the care and custody of Edward G. Sourbier, sheriff of Marion county, Indiana, to be safely and securely kept by him, said Sourbier, in the jail of said county, and that said Ethelbert T. Kemper is now being confined and restrained of his liberty by said sheriff of said county, lawfully and by virtue of a warrant of arrest issued by the Governor of Indiana upon a requisition from the Governor of Tennessee, and directed to any sheriff or constable in this State, commanding the arrest of said Kemper, a copy of said order of arrest being filed with this answer and made a part thereof, and the original of which this defendant herewith produces, and upon the authority of which he made the arrest of said Kemper, and by virtue of which he is held, restrained and imprisoned. As further return to said writ said Robert Metzger would show that he now has the body of said Ethelbert T. Kemper in said court, together with said writ as herein commanded.
Robert Metzger.”
*116 “Order of Arrest.
In the name and by authority of the State of Indiana.
Executive Department.
To any sheriff or constable of any county of Indiana, greeting: "Whereas, the executive authority of the state of Tennessee has, by requisition of his excellency, John L. Cox, Governor thereof, dated Nashville, November 30, 1906, directed to the Governor of this State, and deposited in the office of the Secretary of State, demanded that E. T. Kemper be arrested as a fugitive from the justice of the state of Tennessee aforesaid, and delivered to T. J. ITunn, the agent of said authority, appointed to receive him, and has, moreover, produced therewith a copy of an indictment charging the person so demanded with having committed a crime within the jurisdiction of said state, which copy is certified as authentic by the Governor aforesaid; and whereas, the commission of said crime is charged in manner and form as follows, namely:
State of Tennessee, Criminal Court of Shelby county, September term, 1906.
The grand jurors of the state of Tennessee, duly elected, impaneled, sworn and charged to inquire in and for the body of the county of Shelby, in the state aforesaid, upon their oaths present that E. T.- Kemper late of the county aforesaid, on the-day of July, 1904, before the finding of this indictment in the county aforesaid, not being then and there an apprentice or a person under the age of eighteen years, and being in the employ of Drewry & Ralston, a firm composed of L. D. Drewry and E. H. Ralston, as their agent and representative in Memphis, Shelby county, Tennessee, and by virtue of said employment, did collect and receive into his care, custody and possession from divers and sundry persons, to the grand jurors aforesaid unknown, the sum and value of $1,500, good and lawful money of the United States, a more particular description of which is to the grand jurors aforesaid unknown, all of the value of $1,500, the proper goods and chattels of Drewry & Ralston aforesaid, which sum aforesaid said E. T. Kemper, by virtue of his employment aforesaid, was required to turn over, deliver and account for to said Drewry & Ralston aforesaid, all of*117 which he failed and refused to do, but did unlawfully, feloniously and fraudulently embezzle and convert the amount of $1,500 to his own use with intent unlawfully and feloniously to deprive the true owner thereof. Against the peace and dignity of the state.
George S. Yerger, Attorney-General, Criminal Court of Shelby County, Tennessee.
A true copy from the record.
[Seal.] Jerome E. Richards, Clerk.
J. E. Richards, Jr., D. C.
It is therefore ordered, by the executive authority of the State of Indiana, in accordance with the Constitution and laws of the United States, and of an act of the General Assembly, approved February 3, 1897, that you do arrest and secure said E. T. Kemper wherever found within this State, and forthwith bring him before a circuit or criminal judge of this State, or other proper authority, who may be nearest, or most convenient of access, to the place at which the arrest may be made, to the end that such judge may, by the examination of witnesses, be satisfied of the identity of the person so arrested, before ordering his delivery to the agent of the authority demanding him, and that he be then delivered to said agent for transportation to the state from which he fled. And for your doings in the premises this shall be your sufficient warrant when duly returned and filed in the office of the Secretary of State.
Given under the seal of the State, and the hand of the Governor, at Indianapolis, this third day of November, 1906.
[Seal.] J. Frank Hanly,
Governor of Indiana.
By the Governor.
Fred A. Sims, Secretary of State.”
To the third paragraph of return appellant filed his exception in the following"terms:
“The petitioner herein, for exception to the third paragraph of the respondent’s return, herein says that said paragraph does not state facts sufficient to constitute a defense to petitioner’s writ.”
The exception was overruled, whereupon the petitioner
We find no error in the record. Judgment affirmed.