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In the Matter of The United States v. Sherman M. Booth U.S. 477 (1856)

handle is hein.slavery/ussccases0196 and id is 1 raw text is: DECEMBER TERM, 1855. 477 The United States v. Booth. district, do solemnly swear, that I have been informed by La- fayette Kellogg, Esq., clerk of the supreme court of the State of Wisconsin, and also by Abram D. Smith, an associate justice of said court, that the said court directed the said clerk to make no return to the writ of error issued out of the supreme court of the United States, in the above entitled cause, and by this de- ponent served, according to law and the rules of the said last- mentioned court, and that the said supreme court of the State of Wisconsin further directed the said clerk to enter no order upon the journal or records of said court concerning the same, and further deponent says not. J. R. SHARPSTEIN. 5. A copy of the record. IN THE MATTER OF THE UNITED STATs v. SHERmAN M. BoOTH. Mr. Chief Justice TANEY delivered the opinion of the court. The court proceed to dispose of the motion made by the at- torney-general to docket the case of The United States v. Booth, to stand for argument in this court at the next term. In support of this motion he has produced a copy of the record of the proceedings in the supreme court of Wisconsin in the above-mentioned case, certified by the clerk under the seal of the court, by which it appears that Booth was indicted in the district court of the United States for the district of Wisconsin, for aiding a fugitive slave to escape from the custody of the marshal,- the marshal having the said slave at that time legally in his custody ; and that upon that indictment the said Booth was tried and found guilty,- and sentenced by the court to be imprisoned for one month, and to pay a fine of one thousand dollars. That while le was thus imprisoned he obtained a writ of habeas corpus from the state court; and, upon a hearing in the supreme court of the State, was discharged from imprison- ment by that court, upon the ,ground that the imprisonment under the sentence of the district court of the United States was illegal. It further appears, that a writ of error afterwards issued from this court, at the instance of the attorney-general in behalf of the United States, returnable to the present term, and directed to the judges of the supreme court of the State of Wisconsin in order to bring the said proceedings and judgment here for revi- sion, according to the provisions of the 25th section of the act of

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