Case Summary

In June 1899, Salfest A. Sylvester petitioned for a writ of habeas corpus after being arrested by the respondent, an agent appointed by the Governor of North Dakota, who attempted to extradite the petitioner to North Dakota on charges of embezzlement. The petition alleged the arrest was not in accordance with the extradition laws as the agent did not have the required documents, the crime of embezzlement was not defined in statute, and the petitioner was not in North Dakota at the time of the alleged crime. The respondent in the return to the writ, alleged the petitioner was an employee of the Equitable Life Assurance Society and embezzled possessions and property for his own use. Circuit Judge C.H. Hanford ordered the discharge of the petitioner on the grounds the respondent did not show suffiicient cause for restraint and remanded the petitioner to the sheriff of King County until a further order. The respondent motioned for a continuance in order to grant time for a new extradition order, yet the fate of these proceedings and Salfest A. Sylvester is unknown.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Embezzlement
• Fugitive from justice

Sites of significance

• King County Jail (Seattle, Washington)

Outcome

Writ allowed

Fate of bound party

Remained in custody|unknown

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 776

Source material(s)

Case File

Length of case file

Between 41 and 50 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

In re Foye, In re Baker, Article 4 Section 2 of the Constitution of the United States, People v. Donohue, 84, N.Y. 438|People v. Pinkerton, 77 N.Y.245|Ex Parte Reggal, 114 U.S. 642|Roberts vs. Reilly, 116 U.S 80|Church on Habeas (2nd Ed.) 480|Matter of Clerk, 9 We nd.212;

Tag(s)

• Extradition

People

• Sylvester, Salfest A. (petitioner)
• Sylvester, Salfest A. (bound party)
• Albertson, R.B. (petitioner attorney)
• Van De Vanter, A. T. (respondent)
• Wenaas, Sterner S. (respondent)
• Hart, John B. (respondent attorney)
• Hanford, Cornelius Holgate (judge)
• Rogers, J.R. (authority ordering detention)

• Additional parties

  Davine, Joseph M. (Governor of North Dakota)

  Jeknins, Will D. (Washington Secretary of State)

  Alling, H. (Chief Clerk)

  Moyer, William H. (Sheriff of King Coutny)

  Murphy, James B. (Notary Public)

  Ayres, Reeves A. (Clerk)

  Anders J. (Circuit Judge)

  Gordon, C.J. (Circuit Judge)

  Fullerton, J. (Circuit Judge)

  Dunbar, J. (Circuit Judge)

  Reavis, J. (Circuit Judge)

  McElroy, James F. (Prosecuting attorney of King County)

  Selby, J.F. (Prosecuting Attorney for Traill County, North Dakota)

  Drake, James C. (Clerk of the Circuit Court)