Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-04
APRIsONER LIBERATED.
Judge Hughes Discharges Max Hos
deitcher from Custody.

deitcher from Custody.
Judge Hughes arrived in the city yes
terday morning from his home, in Nor
folk, and at once proceeded to the United
States Court rooms, in the old Grant
building, on Twelfth street between Mar
shall and Clay.
Soon after the Judge arrival ex-Judge
Edmund Waddill, Jr., and Mr.. William
Flegenheimer, as counsel for Max Ros-
deitcher, the Austrian peddler charged
with having passed a counterfeit $40 note
on Samuel Shapowitch in Chester, Pa,
presented petition asking that a writ of
hd6eas corpus be issued, returnable
forthwith, upon which their client might
be brought before Judge Hughes with q
view to securing his discharge from GUS
tody.
HISTORY OF THE CASE.
The complainant. Sbapowitch, who
was doing business at that time, charges
that on the 18th of April, 1887, the
prisoner made some small purchases
from him and paid for the goods with a
500 note, which proved TO be counter
felt; and on Monday, December 26th,
he met Rosdeitcher on the street. went
before Commissioner Peasants and made
his complaint, n warrant was issued, and
the accused taken before Mr.. Peasants,
who, after hearing the evidence, sent
him on to the grand jury to be tried in
the State in which the offence is alleged
to have been committed. Rosdeitcher
claims that the only transaction he ever
had with Shapowitch took place on Sun
day the 29th OF March, 1887; that the
two made the trade OF some wearing ap-
parel and that he had no 800 note, but
paid the SO difference in the value OF the
goods.
THE PETITION.
The petition for the writ alleged that
the accused was illegally in custody and
that he could not be imprisoned and
held on the mitimuS of Commissioner
Peasants to await trial for an offence
alleged to have been committed in the
State of Pennsylvania, and for which of
fence he had been regularly examined
by said Commissioner Pleasants some
days since and by him sent on to the
grand jury and held to await removal to
the State of Pennsylvania.
GETS THE WRIT AND Is DISCHARGED.
The Judge awarded the writ Of habeas
corpus, directed 10 Sheriff Southward, of
Henrico county, in whose keeping
Rosdeitcher was, and the body of the
petitioner was forthwith brought into
court by Deputy United States Marshal
overly and Sheriff Southwark. The
Court, after fully considering the matter
and hearing the evidence adduced and
the arguments of counsel for and
against the application, the District
Attorney Colonel Gibson) appearing for
the Government, directed the release of
the accused, and he was forthwith set at
liberty.
This is an exceedingly important case,
particularly upon the question OF the
mode of procedure in the Federal courts
in getting parties accused of crime in
one State and arrested in another from
the place of arrest to the State in which
they are to be tried.
THE DECISION.
The Judge in effect holds that pro-
ceedings for the arrest of an accused
found in Virginia for an offence COM
mitted IN another State should originate
in the State where the crime is alleged to
ha, been committed that upon such
procedure the necessary steps should be
taken to cause the srrest and detention
of the party for trial that the mere fact
that some person here alleged the COM
mission Of crime in another State was
not of itself sufficient to justify the ar
rest and imprisonment of citizen in
Virginia to await the action of the courts
in another State that might or might not
be taken. The Judge was satisfied that
this proceeding was the result of bad
feeling and amounted to malicious prose-
cution.
COULD BE REARBESTED.
Should the Pennsylvania authorities
see fit they could take the necessary
steps and within twenty-four hours Sc
cure the rearrest here of the accused.
Then he could be taken to Pennsylvania
for trial. AS the matter now stands the
evidence is all in Richmond, if there is
any anywhere to connect the accused
with the alleged offence, and the Phila-
dclphia or Chester authorities have no
knowledge of the case.
Rosdeitcher has spent much OF his
life here, and the Dispatch is informed
that In character has never before been
questioned.
OTHER BUSINESS.
Judge Hughes during the day entered
orders in a large number of other cases,
most Of them Of an unimpOrtant charac-
ter.
In the case OF s. Blanchard, who
made an assignment here some three
years ago for a large sum, and IN which an
order of distribution was entered in June
of last year, the Judge made an order
of final distribution, which puts an end
to the litigation.
Judge Hughes and Mr.. NJ. F. Plea
SAINTS, clerk of the Circuit Court, will
leave here this morning for Alexandria,
where they will remain until Saturday.
NO SOLDIER.
On Judge Hughes's return Saturday
he will be called upon to hear the
habeas-corpus case instituted by the
mother of Edward w. Richardson (col-
ored), who has enlisted in the cavalry of
the United States army. 1t is alleged
that Richardson is still a minor. and his
mother asks that Lieutenant Thurston,
the recruiting officer, be restrained from
holding him.
MIR. Parrish, counsel for Richardson's
mother, was at the courthouse yester-
day afternoon with his witnesses, but
Judge Hughes had left for the day. 1t
was agreed between him and District
Attorney Gibson that the witnesses shall
not be summoned for Saturday but that
the case shall be submitted ON the affi-
davit of gentleman well acquainted
with Richardson's age. No strong re-
sistance will be made to the discharge of
the would-be soldier.
Commercial TraveiIers-POst ID.
A meeting Of Post ID, Virginia
Division of the Travellers Protective
Association, was held last night at Ford's
Hotel, President Archer in the chair.
The officers elected at the December
.....t;.,-. $500 ,a.to1lo1 aud tha oOpOti