Ex Parte Kearney
Supreme Court of the United States
Mr Jones moved for a habeas corpus to bring up the body of JohnT. Kearney, now in jail, in the custody of the marshal, under a commitment of the Circuit Court for the District of Columbia, for an alleged contempt.
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Mr Jones moved for a habeas corpus to bring up the body of JohnT. Kearney, now in jail, in the custody of the marshal, under a commitment of the Circuit Court for the District of Columbia, for an alleged contempt. The petition stated, that on the trial of an indictment in that Court, the petitioner was examined as a witness, and refused to answer a certain question which was. put to him, because he conceived it tended materially to implicate him, and to criminate him as a particeps criminis. The objection was overruled by the Court, and he having persisted in refusing to answer the question,…
1Opinion of the CourtJustice Story
Upon the argument of this motion, two questions have heén made first, whether this Court has authority to issue a habeas corpus, where a person is in jail, under the warrant or order of any other Court of the United States ; secondly, if it have, whether, upon the facts stated, a fit case is made out to justify the exercise of such an authority.
As to the fifst question, it is unnecessary to say more, than that the point has already passed in rem judicatam in this Court. In the case of Bollman and ■Swartwout, (4 Cranch 75.) it was expressly decided, upon full argument, that this Court…
2Cases cited1 opinion
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
3Cited by224 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- In Re BurrusSupreme Court of the United States · 1890
- McNally v. HillSupreme Court of the United States · 1934
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