The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-29


and Charles T.. L.oaard ps the Mrnuf lecturers Ias
srss Gtomps"y cause was resumed this morning
summed up Judge Nelson then charged tho jury At AZ
great length 1--WE have full notes his charge and shall
Is whether the plaintiffs answer to the 10th nterrogsto-
ry was misrepresentation not he left to the jury
duced by both parties it by atteutvey consider
Ing 1t they could come to just Inclusion on that point
morning
SUPERIOR CouRr-Oct 2s-Before Chief Justice Oak
i ley and we u.s. L,pingson This cause was
Chief Justice told the jury that the question Of fact
they bad NOV Try was there or not such that
put In issue by tho defendants in and
next has such instrument been destroyed o. lost? He
then directed their attention to the evidence Of
aud Mccarthy; the latter he said student the
office where the deed drawn but he did distinct
ly identify It, Gross however swere that he 1t in
the fall Of 1896 examined it and made memorandum
from 1t; that he it put into a trunk which was
moved to garrett in Mr.. r Livingstons house, that
In three tbs after the house consumed by fire.
and that the trunk with contents consumed ut
the time II the testimony Of this witness is to be
dited the defendant would be- entitled to verdict
The jury returned with a verdict for defendant.
Elizabeth Hasbrouek Us IVm. Horiand and Nathan
Caswel-This was an action to recover the price of
thirty shares of the capital stock of the County
Bank, valued at $500 From the statement Of plain
tis counsel 1t appeared that the plaintiff lent to her
son law, Who carries on business in this city under
the style and firm Of VIM. Moore x Co, the stock in
onY to be- lent as costers security and never to
be placed beyond his own control or In any way that
the plaintiffs interest in it might be jeopsrdzsd In
each from the Defendants payabls In four months for
which Moore & Co. gave their notes Of the same
the stock as collateral security When Moore Co.'s
notes came to maturity they were punctuay taken up
PENDANTS refused, alleging that Co indebted
to defendants in Of ten thousand or twelve hun
The defence not gone into when the adjourn
ed. For plaintiff Messrs Sherwood and Benton; for
Defendants Messra. O'Conor, Sanford and Chase.
In CHAMBERs-Oct 2s-Before Judge Edmonds.-Lt
the matter of Nicolas Lucien Metsger-lt will be
membered that Metzger was about year ago claimed
by the French the treaty of ls43
fugitive from justice. A warrant subsequently
issued by of the police magistrates under which
Metzgsr arrested writ of habeas corpus after
wards granted by the United States District Judge, at
Chambers and the question was discussed at consider
CASE Judge Belts gave long opinion in which he
cded the arrest lawful and ordered Metzger to be
ers counsel applied to Judge Edmonds another
writ Of habeas which granted and the whole
question was again discussed great length before him
intention of delivering his opinion the this
morning and directed Metzger and his counsel to be in
attendance The prisoner accordingly brought into
court by the keeper Of Edridge street jail his COUNSEL
Messrs. Hoffman and N. B. Blunt in attendance.
was in attendance on behalf of the United States
Government. The Judge began by saying that
of yhoh he left and
to this country he had left bis residence 1t WAS
ents to asrge amount Of money which he had embez-
zed and which embezzlement he had attempted to
was made agsinst him before French Committing ma
gtstrate who issued warrant for his arrest He was
ns this
try and the French minister to this country demanded
bis surrender under the treaty with France OF 1875
That functionary referred, by the Secretary OF
State to the courts magistrates Of the country and
accordingly he made application to one Of the police
magistrates of New York, for warrant which Metz
ger arrested. An examination had before the
magistrate who adjudgsd that the prisoner within
the treaty issued his committing him to prison
until the President of the Uni ed States demanded him.
His honor went say that the prisoner was taken
before the circuit judge of the first circuit, habsas
corpus that officer decided that the police magistrate
had no jurisdiction In the matter and he was entitled
to his discharge He brought before the u s.
District Judge before whom similar proceedings
had which resulted In similar adjudication to that
commitment was made out His honor then went on to
review the proceedings before Judge Belts ana up 10
the time the case had been brought before himself ne
then enumerated the grounds which his discharge
Is asked for. They are as follow
LIST. That the crime alleged was committed interme-
date to the signing Of the treaty and Its ratihcaton
and was therefore, not within its operation.
I'd That prisoner had been only charged With the
Sccusie, and, therefore, not within the treaty.
Sd That the President of the United States had no
vidsd, by law for the execution Of the treaty.
4th That the federal judiciary had power to arrest
.ss S p but under % and
government for executing the treaty.
9th. That the act charged ID not . crime under
laws and, therefore, not within the treaty.
9th. That the Presidents mandate is not conclusive,
peached
His honor next proceeded to review the arguments of
counsel both Sides and the various authorities cited
sustain their respective views and finished by stating
that the conclusion he mad arrived was that the pr
not party accused within the meaning Of the
treaty and that the President cannot execute the
power Of exraditon without both legislative and judi
csion itself to INV favor because Of the BRO
lection 1t Is calculated to afford to personal liberty
against executive authority The prisoner must, there
fore. b. discharged.
The UNITED STATES DISTRICT ATTORNEY moved that
judgment might be suspended until IL O'Clock tomor
row. to give him opportunity of considering the OPT
non and decide what action he should take In rea
ton to further proceedings against Metzger.
The motion was streneously opposed by Mr. HOFFMAN,,
who insisted that the his Honor had pronounced
his Judgment the prisoner entitled to his liberty,
and II detained moment, his Honor would be liable
to action for false imprisonment
Mr. BUTLER the other side, insisted that the judy
ment was not perfect until his Honors order drawn
up signed and delivered to the sheriff. and all he asked
to suspend the drawing and signing OF the ORDER
as % to him
to decide the future course he should take In this
matter.
Messrs HOFFMAN and BLUNT still insisted the i'm
mediate discharge Of the prisoner.
The Court yielded ordered the prisoner to be dis
charged.
SUPREME COURT, UTICA, Oct. a5-No. al.-Peake rs.
the National Fire insurance Co. Of New York.-Motion
to set aside report Of referee. Action re policy
Defence, fraud in obtaining the insurance. and In max
ing the preliminary proofs and that the policy had
been assigned under creditors bill The referees re-
ported in favor Of the defendaue Mr. D. j. Richardson
opened for the plaintiff. Messrs. D. Lake and c. P.
Kirkland heard for plaintiff and Mr. Clark in re-
ply. Decision postponed.
Police Intelligence.
Dull Business-The business done at the police
office yesterday remarkably dull, amounting only to
few petit larcenes and assault and batteries, OF no
BosroN, October 20, ls47
Multum in Parpo
We daily expecting the Chinese Junk from your
city Many even anticipated her arrival Sunday, and
remained long time anxiously Watching for her ap-
pearance at the end Of our wharves She will be great
Of attraction not only to Bostenians but to the