The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-30
THE EXTRADITION CASE.
United States Com missiOner's Court.
Before John W. Nelson En-.
DECISION OF THE UNITED srArFs CORNERSTONE.
COMMITTING THE PRISONER. NOTWITHSTANDING

HIS DISCHARGE BY TIE STATE COURT.
Rionn Cfa,ned as a Pu9ias from ~ n, b. H. Gorers.
net II Greet BrLIir under the Tyeay bt,oea rt Gorern
ment and he United Stdtes rotidei August % 1872
The facts >, this care are briefly followsrha prison
In tine employ OF Chas. kolntosb & Co, London
his sol. busress being to collect outstanding book dsb
having authority to endorse bills, to collect the
su cunt. due them bin drawn upon the Bank Of
Eusa and duly endorsed by the payer and subsequent
y endorsed able TO the ordsr OF Chas Aclntosh Co.
in letter addressed to the sad firm The prisoner
sunepously got II The letter, opened it, md
the bin as follows;'Rsc.ived for Chas McIn
tosh Co >, stimulating in the words "Chas Nclntosh Il
Co.. the handwriting of of the members Of the Arm
lie took in this condition 70 the Bank aud thsre in the
presence OF clerk for appearing he
aoee ed his name the endorsement which he had
previously written 70 tt the endorsement as 1t now
stands reads as follows
Received for Chas McIntoh 4 Co Alex Heilsoau.
He obtained the money from the Bank, and mmst late
y left for this cosntry The extradton Of the prisoner
upon charge Of forgery, claimed by the British govera
ne Mt under the above mentioned trsAty resisted by
his counsel upon tho following grounds, viz
That the Ia formal CON plant NJ der oath chsrs
ing the prisoner with the crime for which bis sxtradon
dem ed and that Inc treaty aud act of Congress
pre such coppa Mt, the Commissioner has no dris-
dicon to act in the absence of such atatory proceed
Z That there 10 no evidence that the magistrate In
England be fore whom the original charge was made aud
Who Issued his warrant for the arrest of the said Hell
bonn WAS magistrate, or If he rss that he had Jues
oictioD.
g. That II he ruch strate. and hal such juris
cicton that the copies Of the dispositions taken before
him have not been duly attes ted to be true copies.
A. That 10 such evidence OF criminality would
Jus y his appret tnsOn and commitment BY the lava OF
Il is STATE has been iven.
g. That The writing charged to be forgery cannot 30
the subject Of that offence Al merely purports on is
face that the prisoner received the money for another
snd signed HIS the voucher for the fact and
did not attempt 10 counterfeit any ones handwriting or
put Of the he act Of any person but him
ssH.
Tothe 6rst objection that there is no forms. complaint
under oath charging the prisoner With tbs crime q
forgery, Ivould reply
l. That compi.i int in the technical sense
the law, ia unknown in Judicial proceedings coarg
degree OF ftlo v; that the term complaint only
applies to such mir onen as . justice Of the
peace has not merely 10 inquire into the
pur pose Of determining whether the accused shall bs
hsld for trial but OF actually and fuay OF determining
his gull or raocen and sentencing him to the penal
ties impose by lsw--sush offences, for instance as BIS
tardy, ugrsn.y gaming, &c offences which justice
II he peace has Jurisdiction finally to hear and ceter
mine without The Intervention OF jury, and which st
first was thought violation OF magma onaria waich
guaranteed TO all right of trial by their peers,
Or IN other words by jury. This prsctse hosevsr,
the nnon Law the santsTy principles and pr ,cces o.
the comtD law were required to oc adhered to az close
~ as pos,bie and compliant analogous to an indiot
particularly specifying the offence, sde neces
ssIy, and Il the accused convicted, formal
record ~ conviction required to be made up These
proceedings Apown in the law by tbs name OF
sum- AIRY coLvictopa; and whsI the term "compaiut'
is ns' in any technical sense app ensnd thai has
rete only 10 such proceedings Oar Rvisad Statutes
enact, thar up1a compAint' beins made the Justice
shall prccesd t. exarr- the comp larant and his wit
been the practice to draw formal mpiains
bi 10 confer juIisdico upon the magistrate
t. Investigate the have read heard OF
such practice when the object is merely to iaq aire
VIII ther peron accused shall be committed for trial
upcI a charge o. felony.
IA con plant Ia the technical sense Of the term
ugh required to be under cath. may be only on in
formation and belief the objct Of complaint, like that
OF in iotment Being only to inform the defendant OF
what he accused and to restrict the DE- nee on the
trial. and to prescribe limits to the record of
yction The act OF Congress- says that CommssoDsr
al We
&c., TO ice bis rarrAn, Of arrest but to say that the
term complaint is ed N The technical ssnss above
su6ed to, and that the Commissioner shall have author
lily to issue his warrant upon any such basis would b to
that the treaty and act OF Congress IN violation
Of hs ss In article OF the amendments 10 the cons itu
tep which dsclsres that no warrants shall Issue bat
upon probable cause" no &c which has bsen held 10
mean fac presented to the magistrate evncog pobsoe
evidence Of guilt When the treaty And act of
Congrsrs say that upon complaint the commissioner
SHAH have authority to issue bis warrant Of arrest
egard thet ng that tha Commit ,sioner
shAll hsve such authority upon = nero technical
risn I, without afdavits dapoors, but mast
Ieefftarly Inter that by the term compaiot'
ANA included the aitsv,s aud depositions other
woies that such te,hnca distiacon as ia consnd-d
for between complaint and the lidaviss All q posi-
t,ops in the contemplation Of the trainers II the
treaty AID act Of Congress Kit coatend7d that the
complaint under cath must contain facts charging the
party accused and the proceeding in the case ia not TO be
folio ed By spy ie,ord Of cnvicton then he distinction
between technical complain In3 sff isvts upon which
ant issued ano it has been held ths' warrant
may be leu ~ magistrate upon atiiiays taken
before smother entirely frtsfed away, aud amounts
& ru'hirg.
8 The secona section OF the act OF C,ugsas secs-es
tba in every OF complaints af ,rEad the copies
Of TIE eepo taken in the foreign county, duly csr
tiled and at eted be received 10 evidence not only
fount alton for the warrants but upon the hearing
Ct the case, clearly meaning that in every case OF
CON slant, or in other words. whansver com
plant is 10 tie made, tbs original de2ostons 20
certified may OF onl, be used but if they conta su
CT. facts may be the sole ioundA Of The wArrant
til gency difficulty Of the parties competent to
prove the necessary facts being absent IN the foreign
country and intended TO obviate the necessity of their
presence
4 But admitting that : preliminary complaint
was necessary think such one exists in this case.
TIE III of tie London police aud the agent Of the
British government before issuing OF the warrant Of
arrest, made os th in writing. that he such oi:er,
that Henry Mugg' ridge. the English magistrate was "a
ader OF the city Of LONDON anc OF the pesce
and acie. sush that tie ceposiors ofora the said
magistrate, and copies Of which be then produced,
(Which depositions contained spec fc charge OF per
jury gantt the c.fendant TO aud ned by
tie witnesses, &c in his presencs that he saic mAsis
tate nsrsi to him his warrant tor tbs arr st o. the
rsid Esilbonn (Which warrant he then produced and
proved and tat be was ceputed to come 70 the uaitea
States 10 take for the arrest Of sad Hebonp.
ard ther producing the requtiou OF thu President add
Seyoapding warrant for his arrest conslutsia sui
cient plant if Eot in the techrc sense OF ths Aw
relairg 10 summary convictions certainly within the
words and The spirit If he treaty IND ac OF Congress-
The scconi objection Il that the is no Hence that
the person by whom the original d-poshons were tasea
ton To his Il may be said that upon hs question tbs
Judges IN the Kahn case were about eqaAly divided
me hfl irg MAT tha repfa.ed actifg OF psrson as
a magistrate evicencs Of his authority aad
others denying the proposition; but those who held
ths gatiye minated that the claim BY the British
sos ient and the ,eluisi ion OF The President would
Re c eni guaranty OF the authority and jurisdiction Of
the foreign magistrate it ia proved in tnts case that
Heny Argseri3ge repeatedly acted Justice OF the
Peace AID tbs facts therefore, here presented meet
tho views u entire bench in whichever aspect they
considered
The third objection IT, that the deposions propnccl
by TIE Eng sh officer not duly a,testsd by him TO BE-
tie copies Ey his Il meant tina. he merely comps ed the
while another officer read tbs originals an that
proper evidence that he read the originals
thai The comparing copy while another perion reads
originals Ia sufficient; (sss J. Phi io's Evisncs 3S5
nd no;es) besides, the officer hat ns read the
OF gpas and see TO doubt the truth OF his
staten ent.
The objection is that theirs ia such evidence OF
animal y tbs laws o. this state rque. the laws Of
this ate IequiIg the oral pnstion Of the wtnes -;
that the Il o. Congress- authorisips copies OK the
opposition % read 10 eviceNe ia uncnsiiti ional
vtid This question raised ia tbs Kahn and
J, intimstng doubt shont ~ and all acticg upon
ptiob that THE Law valid. do not consider
the topstit p.ty of the law proper subject OF dis