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Keywords

jurisdictiontrialhabeas corpusleaseextradition

jurisdictiontrialaffidavitpleaextradition

Related Cases

Cook v. Hart, 146 U.S. 183, 13 S.Ct. 40, 36 L.Ed. 934

Facts

Charles E. Cook, along with Frank Leake, opened the Bank of Juneau in Wisconsin and engaged in banking activities despite knowing the bank was unsafe and insolvent. Cook received deposits totaling $25,000 before the bank closed its doors on June 20, 1890. After the bank's closure, Cook was arrested in Illinois based on a requisition from Wisconsin. He sought a writ of habeas corpus, claiming his extradition was unconstitutional, arguing he was not in Juneau when the illegal deposit was made.

The affidavits annexed to the requisition tended to show that the petitioner, Cook, and one Frank Leake, in May, 1889, opened a banking office at Juneau, in the county of Dodge, styled the ‘Bank of Juneau,’ and entered upon and engaged in a general banking business, with a pretended capital of $10,000, and continued in such business, soliciting and receiving deposits up to and including June 20, 1890, when the bank closed its doors.

Issue

Was Charles E. Cook a fugitive from justice, and did the court have jurisdiction to try him for the alleged offense given his claims regarding his presence in Illinois at the time of the deposit?

Petitioner claims his discharge upon the ground that he is accused of having illegally received a deposit in his bank at Juneau, when in fact he had not been in Juneau within three weeks before the deposit was received, and that, at the time it was received, which was about 4 o'clock in the afternoon of June 20, 1890, he was in Illinois, and had been in that state for more than two hours before the deposit was received.

Rule

The court held that the jurisdiction of the trial court is not impaired by the manner in which the accused was brought before it, and that the question of whether a person is a fugitive from justice is primarily for the executive or courts of the surrendering state to determine.

The former case arose upon a writ of error to the supreme court of Illinois. The petitioner had pleaded, in abatement to an indictment for larceny in the criminal court of Cook county, that he had been kidnapped from the city of Lima, in Peru, forcibly placed on board a vessel of the United States in the harbor of Callao, carried to San Francisco, and sent from there to Illinois upon a requisition made upon the governor of California.

Analysis

The court analyzed the facts surrounding Cook's arrest and extradition, noting that he had been properly surrendered by the state of Illinois to Wisconsin. The court referenced previous cases establishing that the legality of the arrest and extradition process does not negate the jurisdiction of the trial court in the state where the charges are brought. Cook's claims about not being a fugitive were deemed insufficient to challenge the legality of his detention.

Conclusion

The court affirmed the lower court's decision, holding that Cook was properly extradited and that his claims did not warrant his release from custody.

The judgment of the court below refusing the discharge is therefore affirmed.

Who won?

The United States prevailed in this case, as the court upheld the legality of Cook's extradition and the jurisdiction of the Wisconsin courts to try him for the charges against him.

The court decided against him, holding that he had been properly surrendered.

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