St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-06-04
A FINE POINT
Lucidly Disposed of by Judge
Nelson in the Federal Court.

Lucidly Disposed of by Judge
Nelson in the Federal Court.
Judge +. r. Nelson, of the United
States circuit court, filed an opinion yes
terday, denying the application for a
writ of habeas corpus in the case of
Robert Iron Skies. The case is an in
teresting one. The facts are stated in
the opinion of the court as follows: On
the demand of the governor of Texas. by
proceedings begun under the cOnStltu-
lion and laws of the United States in re-
gard to the delivery of fugitives from
Justice, the prisoner Skiles was Surren-
dered to the state of Minnesota. He
was removed and delivered to
this state and confined in Jail on
Feb. 12, 1892, upon all allegation
that an indictment stood against
him in Washington county. found by
the grand jury there on May q, 1890,
charging Skies with obtaining by false
pretenSeS a promiSsory note and chat
tel mortgage from one John Alfred Ro-
ney. On May 5, 1892. while awaiting
his trial, an Indictment was found
against him for the same offense of de-
frauding Roney, evidently to correct a
supposed error in the first Indictment.
The grand jury also indicted him for
another and different crime from that
for which he was eXtradited. The prlS-
oner refused to plead on arraignment
under this indictment. A plea OF not
guilty was entered. He was tried on
May Is. 1892, and convicted. A motion
is now pending in the state court to ar
rest and set aside this Judgment.
The petition of habeaS corpus states
that Skiles is not detained ''by reason
of any final Judgment or decree of any
competent tribunal of civil or criminal
juriSdictiOn,or by virtue of an execution
issued upon any such judgment or de-
cree" 1t is urged that the Washington
county district court has no Jurisdiction
and lawfully cannot place Skiles on
trial for an offense for which he was
not eXtradited.
Judge Nelson's ruling sets forth:
Upon the face of the petition and answer
of the sheriff of Washington county 10 show
cause why writ of habeas corpus should
not issue. it appears clearly that the petit
TONER is in custody and lawfully held by
virtue of criminal proceedings duly insh
tuted under the laws of the state of Minneso-
ia; but while this is conceded, as l under
stand counsel, yet it is insisted that having
been put upon his trial on an indictment
charging another and different Offense from
that for which he was extradited, and judg-
ment of conviction being entered. this court
should declare such judgment illegal and
void for the reason that the state OF Mime
sofa has no right 10 try the petitioner extra
dited from another state upon charge other
than that contained in the extradition pa
perS.
If the position of counsel is sound the fed
eral courts have supervisory jurisdiction over
judgments of the state criminal courts. al
though such courts had jurisdiction of the
person and of the offense and thus can ac7
complsh by the writ of habeas corpus all
that otherwise could only be obtained on re-
view by writ of error or appeal to the supreme
court of the state, which undoubtedly has
p!enary jurisdiction 10 correct errors of the
trial court.
The circuit courts of the United States, in
my opinion, possess no such supervisory
jurisdiction. 1t would De an affectation of
learning and serve no useful purpose to DO
more than cite counsel to the case of ex parte
Ulrich (43 Fed. Rep. page 66D for full and
exhaustive exposition of the law involved in
this case.