The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-17
u. 3. District Court.
Before the Hon. Judge, y uds0a.

i Before the Hon Judge, udson.
l THE FRENCH PRISONERS.
Dyc. 16.-The Chief Justice Of the Supreme Ceurt
having refused to interfere in the of versmars
Densm and Bernard, the French prisoners charged
with burglary and robbery Of the property OF ths
Countess Ceumont In Paris, they were brought be-
fore this court on hseeas corpus in the custody Of Mr.
retSrn to the writ setting forth the warrant Of Pc
lice justice Osborn, and the commitment Jas W.
Metcsifs. Esq, Com missioner OF the U 8. Court
der which he (Mr Edmonds held the prisoners In
tody.
ment read the return OF the keeper Of the City Prison
Counsel then proceeded to that these prisoners
in the Untsd M found bin.
Veremaitre and Denam, and they committed the fe-
male prisoner Bernard . witness sgsnst the othsrs
In the meantime, the french government claimed
them under the treaty, and they committed 70
the city prison BY the Copmi,.oner Since the hsIess
the Secretary OF State, and In the hands Of the
Marshal, for the extradition OF the prisoners
MT Dyo stated the history Of the case ,s,esty re-
comes before this court Counsel argued that the
treaty between this government and the republic OF
France did not include the offence with which these
prisoners are charged. The crime Of burglary in
cudsd but defined that crime to be breaking iatos
are charged does not chow burglary robbery; It
shows that Denam was left by the Countess In care
her property and " b. made away with t the Of
fence amounts to but petty larceny or embezzemsnt
and nothing more.
Mr.. TiliOa interrupted Mr. Dyott by saying thss II
not competent for him to 60 behind the commit
ment. The crime of burglary was constitutsd hy
breaking open bureau, or ..sss.s.r !, o.s =.
that this offence was partly committed AZ night ana
Il certainly comes within the penal crime Of robbery
designsted In the French Law, under the head q
Mr.. Dyott commended that he had q right to no
behind the commitment, and that the miasiossr
enquire the condition Of the case sSainst ~
prisoners, and then inform the government but his
decision vas not FINAL nor vas he qualified to commit
or order the extrsdition Of the prisoners The tresy
sef says that parties should only be sent bach when
II appears clesr that they have been guilty Of the
crime with which they were charged. Counsel vas
proceeding to comment upon the nature OF the aspo-
dtions taken In France without the opportunity OF
cross animation on the part Of the vhs.
MT TnIou said counsel had no right TO 20 into this
matter; he had any objection 10 the return to the
writ, he should make Il.
in principle, he disposed to hear all that counsel
had to say, before he came to decision.
Mr.. pyott continued to say that these men wore en-
utet to our sympathy, as strangers within gates;
but there appeared 70 be very little for them lie ssid
that under the Fugitive BIave law ahabess GER
prs allowed and IL shess had been bsc kepsd
by the sun ofAica there would have been doubtl.ss
more excitement In their favor, and more sympathy
elistsd IN their behalf Counsel continued at Sons
length TO argue in support Of the discharge OF his
client
Nr j. Prescott Hall the United states District At
trney raid that he directed ny the Secretary Of
State 20 appear, ana submit 20 the Court that the
treaty entered into between this government and
France should be carried out In rood faith The vrt
Of Lacs corpus issued BY HIS Honor the presiding
judge snd the return Of the Keeper Of the CITY Prison
states that he holds the prisoners by yrue OF warrant
4. ta etrcrs nm, M mi. % o ars
IL Of opinion that the prisoners should be dschsrx
sbauis go ssrR 10 nr.on "a tbo hs
II Ia faid they have rtte6 against tho State OF
New York The District Attor referred to Gordons
Digest last edition page 1874 article $40 and contend
cd that far 40 the prisoners held under federal
jurisdiction this Court may inquire into the Of
the cause In q state crime Mr. Hall here read the
m,ment and aid thai upon this the Secretary Of
State has issued the fslloving warrant .
Drr.srN.Sr % sr.rs, wAshinstOn, Dec IL 1850.
IT, 81 u-kop fhsse prsseHfs sleH eeus rresfings
where's N Ssiu De Bots is Comte. Envoy Extraordi-
nary and Minister Pienipotentiary OF the Republic OF
Frspce hath made fcqu'tion 10 conformity With the
provisions Of the convention bet seen the United
states and France for the reciprocal delivery Of fugi
dew of NoTsuier IslS Tor the surreudsr Of eorr. De-
nam elias Irederic Coles Nicholss Veremaitre, ana
Francois Bernard. charged With crime embraced in
the additional article 20 said convention dsed 9Th
Februsry, 1ts5, included in the words cot gsaltat
erins. committed In France sad whereas sas Georg-
Densm alias Frederic Coles Nichols vsrensitre and
Francois bernard have been found IN the state OF New
York within the ufsictsn % the United States and
have by proper aGdavit and In due form afls~ been
hrought before j. w. Me;calfe mmissionsr duly an
pointed for examination q ,aid charge Of rot gnatss
srir,;' and whercas the ,sid W Hetcalfe commits
soner 10 sioresaid. hath deemed the evidence suf-
ciert 20 authorize aud require the commitment Of tn
ssid George enam sos reesric Coles Nicholas we're
mai,re snd francois bernard, and has accordingly
committed them 9 u. proper all In bis districts all
q which appears By certified copy Of the proceed
transmitted tc tins oeperfment
New, these presents are &c require 81 the United
ststes Msrsta for the Southern District Of New York
any other public officer persos hsving charge or
custody Of the said George Isnam dsf Frrusric Ooles
Nicholas Nefemnre end Tranrcis bernard 70 surrep-
der and deliver them mp 20 the French consul uene-
rel 81 New York 70 eny other person VINO shall be
Designated 20 receive them. -. -. -
| Tptes,iwopv whereof hsve hsresntc signed my
rs,r. 49,. crTs.ed hsssa Of this department. to be at
er.d ~ wsfbingtoH this l2th day Of December A. ID.
| 1870 and II the IDttpendence 81 the UNIFIED States
| tks ,eventy. ftb. DANIEL WEBSTER.
| vr Han then proceeded 10 contend that tbe Cons
| ,rir,ioper lad fulfilled the Law which constitutes
rim. the cole person inquire into this crime He,
| M Hall considered that u weud be more humane
trwsrds those parties r. fapd them home 10 their
country where they might he protected by every
tsnuatinz circumstance and n they had friends pro-
duce evidence q their previous character which they
could do here where they are strangers The Com
missioner hes mpsrtsy followed the directions Of the
set and the learned eounse submitted that his deci
slor vas nnsl and conclusive II his Honor, (JudSs
/ JudsonO Rad made this commitment, could there be
en- srpea from that decision made before the judge Of
the Circuit Court he, counsel presumed not and
the Commissioner for this purpose i clothed vith 40
high authority ss the Judge Mr. Hall argued ~ corr
siderable length In support Of the validity snd con-
| clusiveness the commitment Of the Commissioner
Mr. Dyott replied ana Mr.. Tillou made some further
remarks lie said that however the counsel Tor ~
prisoners might attempt 70 reduce the crime 70 one o
larceny II was Of great magnitude and perpssssN
| under cirG tAnces Of greet sudacitY vss frsvs
| o~snce y hotel Vas stripped o. re fsr~hurs
ri article VI valve ANourHes'