Legal Opinion

Beavers v. Henkel

Supreme Court of the United States

Decided April 11, 1904No. 535PublishedCited by 119 opinions

APPEAL FROM THE CIRCUIT COURT OF- THE UNITED STATES FOE THE SOUTHERN DISTRICT OF NEW YORK. On July 23, 1903, a grand jury of the Circuit Court .of the United States for the Eastern District of New York found and returned an indictment under section 1781, Rev. Stat„ charging George W. Beavers, an officer of the governmént of the United States, with having received money for procuring a contract with the government for the Edward J. Brandt-Dent ' Company.

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APPEAL FROM THE CIRCUIT COURT OF- THE UNITED STATES FOE THE SOUTHERN DISTRICT OF NEW YORK. On July 23, 1903, a grand jury of the Circuit Court .of the United States for the Eastern District of New York found and returned an indictment under section 1781, Rev. Stat„ charging George W. Beavers, an officer of the governmént of the United States, with having received money for procuring a contract with the government for the Edward J. Brandt-Dent ' Company. A warrant for the arrest of the official was issued to the marshal of the district and returned “not found.” Thereupon a complaint supported…

1Opinion of the CourtJustice Brewer

This case turns upon th‘e efficacy of an indictment in removal proceedings. The government offered no other evidence of petitioner’s guilt. His counsel state in their brief:

“The controlling questions to be discussed on this appeal are whether the indictment offered in evidence before the commissioner can be regarded as conclusive evidence against the accused of the facts therein alleged; whether it was competent at all as evidence of such facts, and whether such indictment was entitled to be accorded any probative force whatever.”

At the outsét it is well to note that this is not a case of…

2Cases cited3 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Rice v. AmesSupreme Court of the United States · 1901
  3. Greene v. HenkelSupreme Court of the United States · 1902

3Cited by119 opinions

  1. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
  2. Ewing v. Mytinger & Casselberry, Inc.Supreme Court of the United States · 1950
  3. Campbell v. City of San AntonioCourt of Appeals for the Fifth Circuit · 1995
  4. Stallings v. SplainSupreme Court of the United States · 1920
  5. Henry v. HenkelSupreme Court of the United States · 1914

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