Samuel Blatchford

“ If Horner should be put upon trial in Illinois upon all the counts of the indictment, he can demur to any of them, and thus have it determined which of the counts he shall meet. The fifth count is sufficiently specific, and the determination in the warrant of removal is only that there is at least one count of the indictment upon which Horner may be tried in Illinois. That is quite sufficient.
The question of the identity of Horner was a question of fact, which the United States commissioner had full jurisdiction to decide, for the purpose of removal ”

“ On the 15th of January, 1891, a post-office inspector made a complaint on oath before John A. Shields, a United States commissioner for the southern district of New York, founded on the said indictment, and on a bench-warrant issued thereon by the judge of the district court of the United States for the southern district of Illinois, asking for the arrest of Horner. Commissioner Shields thereupon, on the same day, issued a warrant to the marshal of the United States for the southern district of New York for the arrest of Horner and the bringing of him before the said commissioner. ”

“ Any person who shall knowingly deposit or cause to be deposited, or who shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of this section, or who shall knowingly cause to be delivered by mail anything herein forbidden to be carried by mail, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment for each offense. ”