IN RE BURKHARDT. 25
In re Bumcnsmrr.
(District Oourt, E. D. Wisconsin. October 27, 1887.) ~
1. Cnmmm. PRACTICE—REMOVAL rnou Drs·rmcr-Rav. Sr. § 1014. `
Where a removal is sought, under section 1014, Rev. St., of an accused per-
son from the district where he is found to the district where the alleged of·
fense was committed. there should be a preliminary examination to establish
the identity of the prisoner, and his pro able guilt, before a warrant for h1s
removal is issued by the judge.
2. SAME. _
In such a case, the judge is not required to decide absolutely the question
of guilt or innocence; nor is he authorized to discharge the accused if there
be some doubt of guilt.
8. Sams:. ‘
If identity is shown, and a case of probable guilt made, it is incumbent upon ,
the judge to issue a warrant for the removal of the prisoner to the proper dis-
trict, where a jury may determine, upon all the evidence, the question of
guilt or innocence.
(Syllabus by the 6'ourt.) ‘
In the Matter of the Application for the removal of Richard Burkhardt
to the district of Minnesota on a criminal charge. ‘
W. A. Walker, for the United States.
W. O. Willmms, for accused.
Dvnn, J. On the fifteenth day of October the attorney for the United
States presented to a commissioner in this district a complaint, in writ-
ing, charging that on the tifth day of March, 1887, Richard Burkhardt
wrongfully and unlawfully took from the post-oiiice at Wells, in the
state of Minnesota, a certain letter directed to one August Biederman,
which hadbeen theretofore deposited in the post-oiHce at Oshkosh, Wis-
consin, addressed to said Biederman, and which contained a draft of the
value of $100; and that the accused, having obtained possession of the
letter, embezzled the same and its contents. A warrant was thereupon
issued for the arrest of Burkhardt, and, being found in this district, he
was arrested and brought before the commissioner to answer the charge
against him. Before these proceedings were instituted, a warrant had
been issued by a United States commissioner in the district of Minnesota
for the arrest of the accused, but he was not found in that district.
Upon being brought before the examining officer here, a preliminary ex-
amination was had, such as is usual in criminal cases; and, upon being
satisfied of the identity of the prisoner, and of his having committed the
offense charged, the commissioner held him to bail, and, in default of
bail, the accused is in the custody of the marshal. Application is now
made by the district attorney, under section 1014, Rev. St., for a war-
rant for the removal-of the prisoner to Minnesota, where he may be tried
for the offense with which he is charged.
The course of procedure pursued by the district attorney, preliminary
to the present application, was correct. Section 1014 provides that " for
any crime or offense against the United States, the offender may, by any