275 F. 976 | W.D.N.Y. | 1921
On the petition of the defendant Lydecker the United States was required to show cause why the indictment against the defendants should not be quashed on the ground: First, that books and papers were illegally seized from the custody of the petitioner by Post Office Inspector Mulherin; and, second, that an incriminating confession was extorted from him prior to his arrest. It is demanded that the illegally seized papers and documents, together with the confession, should be returned to the petitioner, or the confession. suppressed, and inspection of the grand jury minutes had by the defendants.
The affidavit of the petitioner tends to show that a confession or written admission of a conspiracy to defraud the United States, signed by him, was procured by intimidation, promises of leniency, force, and under duress, in violation of his constitutional rights, and that such con fession and seizure of papers was and is the basis of the indictment.
It is claimed that the affidavits in opposition show that the petitioner confessed and admitted Ms participation in the fraud of the United States freely and voluntarily, without any threats or promises to induce the confession.
f 1 ] If the petitioner’s version of the restraint and cross-questioning and promises is true, his constitutional rights unquestionably were
The case of U. S. v. Kallas (D. C.) 272 Fed. 742, does not support defendant’s broad contention. There a hearing had been had before a United States Commissioner, who held tlie accused for indictment. Upon examining the evidence, on application for a writ of habeas corpus, and before indictment, the court held that the confession of the accused should not have been received by the Commissioner, on tlie ground that it was in violation of his constitutional rights, and since there was no independent evidence to sustain the charge the relator was released from custody.
The motions of the petitioner are denied except that the papers seized are required to be returned to him.