The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-17


BsSors judges Mitchell asA Roossvek
I'm l6.-M hs katU Of ALEXANDER HssDro@S-fhde
eass was resumed asain so-csy, ,.,u.d-u.-u
have yIsfsrsd the seusl o. The other sids hse Goa
lined Aimssk n bis argunsst y ths question O. rshef now
9th esp Of Revised stasus.s AAd must b Afforded By
ths SQUIRT 10 whom tbs sp plsstoa Il made OF what
II: o. Il. ~ sh .so. va: to rssSn
every possibb sass Not complaint under oath
rsquiIed-a mere naked rsprsssataaon 10 sun silent.
illegal oonnnsnsst, and ii must aho appear that no
vnl bs carried out Of the State before he can b
a iSxxstyia Although there may BE- time to issus .
WIN OF hsoeas corpus the statute sill authorizes this
actual and sub.tanai relief rhs r.,r.ns ..u. aom
any stable other party who mar havs Gus.
tosy 2, u: pI:o1:r to bring him s:for. this SQUIRT
with according Law. Ii there thea satisfsctory prooe
that Hebroen illegally ooaansd, that there ID
TIE record rsetes AL the Ass substantially. appears
that sppliostlon made BY Mr. Champion for the
tradition Of Hsilbronn that j. " Nelson not Uaissd
States Com missioner - federal magistrates but q
commissioner under the aes Of Congress for the
s1.suaoa q tn. treaty .,t. sssd warrant ar fog
Vas brought up before him. that prior to the sdjadi
cation BY Nelson Juess Of the superior o,urt granted
up before HIM All the authority committed to Nelson
then parsed and detsrnnsd. II was dssrmiasd
there that the before Hsls ware not sus:nt V
was impr psrly rest aimed Of his liberty.
Judge Roossv.h thought that the only point which
qaisd argument in this case wasls whether this
TO 90 into It.
NJ. Bast.ed would then sondns his remarks to these
poLs TIE question should bs tested the lA~s VI
ats whether mott the oriEs Of forgery of wah
Hsis oIn stacs accused The Of the place con-
rs bs:s counsel 0s then .aosS
Rassell Oh Crimes SIS and other works. 70 prove that
dorten ent there was no forgery; that II . psrson
has authority to sign for another considers In good
f.i that As b.. The authority Il no. forgery
sseh name Neither forgery IL 1t Is made ont that
Nor !. it forgery endorse bill Of exchange psr pro
suins the aots In tbs dispositions true there has
en- no such dime commit 81 a. that mentioned In ths
sssy Turning to ths lava Of New York the subj.ct
Judge Melon s,y Howard XIV p i4s that these are
the laws which must rsslsts The Judge in dssidng upon
TIE cminAy OF tbs ssoo.r and taa would b the
dspsOdant OF the spssdc provisions Of the treaty
Copies Of cepontons he says, taken before foreign
magistrate, not svidsscs Of the orims whore the
in these adavit and dspostos 70 establish that any
forgery has bsso oomuittssi First, there Is the bill
aa.,t y n. PAGE ~: a., ss, several sub
forgery Reserved for Charles heIntosh Go. by Alex
ANGER Hsibrcnn 1t is sworn that this words Received
for" and by Akxan sr Hsiibronn" are, Ia thu hand.
writing Of the prisoner Vino denies III II Is supposed
that ''Jaaiss keIoto-h Co.. Is stimulation Of the
ley bsen brought for to prove that i. did NOT write
it, All The tessin cny goss 10 fhoH sh.t aslbronn
ceivsd this nonsy :, the sssn, o; Mcintosh Co and
upon that sviaenes the Court viii have to decide
forgery not Tnsrs Ia not the sls hsst denos
10 how far ths authority Of Hsbronn exceeded to
that the qus tion Of his guilt innocsacs chiefly d.
pspds The question Of Dtsnt setlsd by the oDena
o,sDed he de,I he had u,.d Add found tnsrstn msmo
rardum In his handwriting, headed accounts
conntsd or,, and smo5g them ons for this very bill
which is saii to be forgery" Tia. this Young
has used tie fsnds OF his employers cannot
be doubted but BY distortion OF the lay Il be
made Out tsat he has committed forgery 1t Il to be
noted that there IL Affirmative svd,nos that the sig
nature Of Charles Mcintosh Cor psny il In tas hand
writing Hsilbrorn Some believe to b. Broskeeon
that Hsilbropn not autborz to thst
bill Why docs he not swsar vhi thsr or not he was
allowed g enf orss any blf The only remaining An.
bill and states particulars 1t prsseated to him
the 9th Of August sst long After II due ~ tns Bank
son who upon the back Of It, Alexander Hsil-
brobn'" iris Ii the wsole Of his evidences. bill pre-
s.ntsd long ar IL Is due % an ss'uss teller Of the Bank
81 Er gland and yet hs conclusion Of forgery IL jun Ped
whether in tbs fass Of tn. osss would or .oaa
B, our law forgery ia the third degree is whore any oos
stimulates paper purportng to % the aot Of another
purpOrt to BE- the act Of Casies scIntosh compsny
The words precedent and subsequent destroy any sash
suppo.tion' Il on the vssy faes Of it beyond AL dis
learned counsel then brought forward the second
point Of bis case which that the and iais
State being original custodian Of ali power
sDd the federal government mere agsn:shat - the
oAN nA' given 70 tno FEDERAL government
ths to make this trssv that therefore former
hiss the power 70 SAY whether this under
tr..ty Of nst The present application VS. not 10 the
nature Of An appeal from the aecision Of Com missioner
Nskon but In the nature Of orisn apphos.
ton over which the 'sAsuts ed siv.a this sourt
entire jurlsdioii,u. II was proposed that the var
rant Dow demanded should run against any ons
TO whom the prisoner should be delivered This
Curt vas either mere Aulity else IL bad power
sfectuAts It's mandates II TIE SQprsms Court oSn b
hsartsd BY tbs requistou Of the Prsd-nt whsrs Hes
it, powerf Let IL 10 understood that he Court NOT
give the prorsr what the Law allows him. iuris
election will be treated the most Idle threat that svee
SusnAted mum short sighted power
c. MI Whiting briefly replied He Thought that the
Court hac NO right to Ia warrant but
At once II tbs prisoner iues ely strained q bic
liberty ne must b. 90 under ths custody Of the Mar
shai sed would b. contsn pble 10 this Court TO wait
unt no bad been delivered to British o6losY
Who rss here without authority support b,ek n
anc take him away frou his custody As TO the forgery
whether Or not tbs facts In evidence cous,iutsd ne
crn must be determined BY tn law Of the countrv Ia
which the demand was made But there was no aosuaI
dinsrepcs between the law here in Eoglsnd. II q
ire f0gfns OF isstru ment by which other per.
son may be prvjuafced that constitutes the crime
Tbs decsn Of the Court In this case will p1obA bv b
given On or before Saturday next.