Petitioner by writ of habeas corpus in the District Court for Southern New York sought to test the validity of his commitment by a United States Commissioner in proceedings for removal under R.S. § 1014, 18 U.S.C. § 591 (18 USCA § 591). After hearing upon the transcript of the proceedings before the Commissioner, the District Court dismissed the writ. The Circuit Court of Appeals affirmed. 73 F.(2d) 274, 275. The questions presented are: Whether, as the Circuit Court of Appeals held, review of the Commissioner's decision ends when the court is assured that he has honestly considered all the evidence presented to him? Is the evidence sufficient to warrant petitioner's removal? Should the Commissioner's findings be set aside for error in the admission of evidence?
Petitioner and six others were indicted in the Southern District of Florida for conspiracy, 18 U.S.C. § 88 (18 USCA § 88), to misapply, and for the misapplication of, funds of a bank in violation of 12 U.S.C. § 592 (12 USCA § 592). Overt acts alleged against him are that, under the name of Arthur Starke, he registered at a Jacksonville Beach hotel and rented a safe deposit box at a St. Augustine bank. He was found in the Southern District of New York, and complaint was made to a Commissioner in that district praying his arrest and removal for trial. He was brought before the Commissioner and, at the hearing that followed, the United States produced a certified copy of the indictment and called witnesses whose testimony tended to prove that petitioner committed the overt acts and that on one occasion when he visited the safe deposit box a codefendant, Goldberg, was with him.
Petitioner admitted the overt acts. But he said he had no connection with the conspiracy and did not know any of the persons accused. He went to Florida to engage in business with one Finberg, who died before the hearing, and for that purpose brought a large sum of money for the safe-keeping of which he hired the box. He assumed the false name at Finberg's suggestion in order to keep secret their connection. He had never been convicted of crime. It was stipulated that, if called as witnesses, certain persons acquainted with petitioner would testify that his reputation for honesty and veracity was excellent. He introduced depositions of five persons implicated, three of whom were codefendants. They testified that they did not know petitioner or have any knowledge of his participation in the offenses charged. Two of them, professing to know all who were involved, definitely asserted that petitioner was not one of them. The other three did not know all the conspirators. Goldberg refused to depose; the other two defendants did not testify. The government called a special agent of the Department of Justice as a witness in rebuttal. The Commissioner, notwithstanding objection that it was incompetent, received his testimony to the effect that both before and after giving their depositions two of the deponents, who had sworn that they did not know petitioner, had said that they did know him and that he had participated in the crimes. The Commissioner found that there was probable cause to believe that petitioner had committed the offenses and held him to await the action of the District Judge.