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‘auch tnearceration wae cruel and inhuman treatment and further that she had been put in that prison tn order to seperate her from her huaband, Julius, and force her to cooperate with the Government, The hearing was continued before Districts Judge Henry ¥, Goddard, whe on June 82, 1952,, dented the Spplications In denying thie application, Judge Goddard stated as follows: "The Attorney General may tranaser a convict from a Federal to a State prison wtthouts nottce to or consent of the conutct.. Mo evtdence was presented to aupport the relator's allegations tr her petition that she was transferred there in an effort to joreak! her or that the Attorney General ererctaed hie dtecretion for an ultersor purpose or tn any but o lawful manner. Indeed, the inittative for her transfer did not come from the Attorney General or any of Ate subordinates. . « The? Commtsasioner of the Department of Correction, City of New York, requested that the Federal authorities tranafer her because of the crowded condttton of the House of Detention and because of the lack of proper factltties there for the detention of @ prisoner awatting the ezecution of a death sentence," Judge Goddard then continued, "The relator’s second ground Sor reltef ta also without merit, The Eighth dAnendment waa adopted to prevent inhuman, barbarous, or tortuous puntehment or sone puntehment unknown aot common Iaw, : Seotion 3566 of Title 18, U.S, Code, provides ‘The nanner of inflict= ing the puntehnent of death shall be that prescribed by the lowa of the place within which the aentence ta tmposed, The United States acrshal charged with the execution of the sentence nay use available local factlittes, . « '* - 939 « 7 = - wee ie ree ee . ’ . . . et ‘ . . x