Legal Opinion

United States v. Price

U.S. Circuit Court for the District of Southern New York

Decided August 28, 1908PublishedCited by 17 opinions

On Motion to Quash Indictments. On or about April 30, 1908, Jesse C. Adkins, Esq., was duly appointed by the Attorney General of the United States to be a special assistant to the United States attorney for this district. In the language of the letter of designation such appointment was “to aid in the investigation of the ‘cotton leak matter,’ with a view of obtaining indictments — if the evidence warrants— against Moses Haas, Theo. H. Price, and others.”

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On Motion to Quash Indictments. On or about April 30, 1908, Jesse C. Adkins, Esq., was duly appointed by the Attorney General of the United States to be a special assistant to the United States attorney for this district. In the language of the letter of designation such appointment was “to aid in the investigation of the ‘cotton leak matter,’ with a view of obtaining indictments — if the evidence warrants— against Moses Haas, Theo. H. Price, and others.” The “matter” referred to attracted public attention as long ago as 1905, and was in substance a suspicion that 1-Iaas, Price, and others…

1Opinion of the CourtHough, District Judge

(after stating the facts as above). A part of the argument addressed to the court appeared to assert that Price and Haas had been oppressed by the agents or attorneys of the United States. Let it be assumed that discretionary power rests in the court to quash an indictment found by coercion or oppression of jurors or witnesses or by device or trick inconsistent with the fair and honorable administration of law, yet there is nothing even in defendants’ affidavits giving color to a suggestion of such conduct in this proceeding. What was done was all in the open, with every opportunity for…

2Cases cited14 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Kepner v. United StatesSupreme Court of the United States · 1904
  3. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  4. Benson v. United StatesSupreme Court of the United States · 1892
  5. People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861

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3Cited by17 opinions

  1. Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
  2. O'CONNELL v. United StatesCourt of Appeals for the Second Circuit · 1930
  3. United States v. Roland E. ThompsonCourt of Appeals for the Second Circuit · 1963
  4. United States v. GilboyDistrict Court, M.D. Pennsylvania · 1958
  5. Johnson v. United StatesCourt of Appeals for the Fourth Circuit · 1925

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