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UNITED STATES EX REL. SILVERSTEIN v. HECHT

10 F.2d 370 (1923)

UNITED STATES ex rel. SILVERSTEIN v. HECHT, U. S. Marshal.

District Court, S. D. New York.

June 29, 1923.

Attorney(s) appearing for the Case

Wahle & Kringel, of New York City (Charles G. F. Wahle, of New York City, of counsel), for relator.

William Hayward, U. S. Atty., of New York City (Charles J. Marasco, Asst. U. S. Atty., of Tarrytown, N. Y., of counsel), for U. S. Marshal.

AUGUSTUS N. HAND, District Judge.

Two points are made in resistance to the removal proceeding: (1) That the indictment does not state a crime; (2) that the evidence before the commissioner fairly negatives probable cause.

The charge that the defendants conspired to assist Gerald Chapman to escape from the custody of an officer of the United States is, I think, borne out by the indictment. Chapman had escaped from the Atlanta penitentiary, had been wounded...

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