Ex parte dos Santos
U.S. Circuit Court for the District of Virginia
A bill of indictment was sent to the grand jury at this term, by the district attorney, of the United States, against Jose Ferreira dos Santos, a subject of the queen of Portugal, which the grand jury found “not a true bill.”
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A bill of indictment was sent to the grand jury at this term, by the district attorney, of the United States, against Jose Ferreira dos Santos, a subject of the queen of Portugal, which the grand jury found “not a true bill.” As soon as the bill was ignored, and before the prisoner was discharged, the Chevalier de Figaniére d’Morao. charge des affaires of Portugal, by 'his counsel, moved the court to detain him in custody until a formal demand for his surrender could be made by the Portuguese government of the executive of the United States. The petitioner alleged, that the prisoner had…
1Opinion of the Court
BARBOUR, District Judge.
Jose Ferrei-ra dos Santos, a Portuguese subject, having been committed'for trial before this court, under a charge of piracy, and the grand jury having found the indictnu -t against him not a true bill, he would be entitled to a discharge from custody, as it regards that accusation. But an application is now made, at the instance of the charge des af-faires of Portugal, that he may be detained, *953until the government of Portugal shall have time to make a demand on that'of the United • States, that he may be surrendered to the former, as a fugitive from justice, to •be…
2Cases cited1 opinion
- In re WashburnNew York Court of Chancery · 1819
3Cited by7 opinions
- Factor v. LaubenheimerSupreme Court of the United States · 1933
- Elk v. WilkinsSupreme Court of the United States · 1884
- Ex parte McCabeDistrict Court, W.D. Texas · 1891
- United States v. SamplesDistrict Court, W.D. Missouri · 1919
- Factor v. LaubenheimerSupreme Court of the United States · 1933
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