Finding #1236 recovers People ex rel. Webster Cusick v. Dennis W. Daly, Sheriff of Niagara County, 78 Misc. 657–659 (Niagara Chambers, December 1912). Cusick, jailed awaiting trial on a first-degree-assault indictment for an alleged Tuscarora-on-Tuscarora offense on the reservation, sought habeas on a federal-jurisdiction theory under U.S. Criminal Code §328.
Justice Pound remanded him to the Niagara County sheriff pending trial. The report resolves detention and jurisdiction on habeas — not whether he committed the assault or was later tried, convicted, sentenced, or released. Indictment and remand are not conviction.
Separations: judge’s acquisition/reservation analysis is historically situated, not independently verified from deeds/treaties or a present-day blanket rule; cited civil/probate Peters (#1235) and Printup (#1234) as analogies — neither was criminal; Tuscarora ≠ Seneca Peacemakers stream.
Source: 1912-cusick-daly-tuscarora-habeas-jurisdiction.
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