The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-04
United States District Court.
Before Hon. Judge Isgsrsoll.
HABBAs CORPUS

United States District Court.
Before Hon. Judge Isgsrsoll.
HABBAs CORPUS.
Tn s-m he Natter If Alexander H1lbronn, claimed By
ne British Government Fugtiue trsm Jlstice for ava
Alleged Frscy-n this case, (sdjourned from the day
previously It viii DO rseoIlsetSd that writ o. habsas
corpus was taken out with view Of ssng tho question
Of authority ius between the State and the United
States Courts The return to the writ BY Abraham T
Hlyer United States Marshal for the Southern District
Of New York. pu oshsd 10 yesterdays HERALD, and
according the suggestion Ct the Couft, Mr. Busted
counsel for the accused prepared the following reply,
which he now produced =
IN rns DISTRICT COURT STATES SOUTHERN
DISTRICT NEW YORK.
In the matter Of the habess corpus for Alexander He'll
iopp, alleged fugitive from Justice from Great Britain
Alexander Hsilbronn the fugitive in the foregoing writ
tDs 1aisd States for III. southern District Of New YOr
says that the commitment BY John W. Nelson, Esq., In
safe return named, and copy Of which commitment 70
thereto annexed Of your petitioner, 10 illegal and void,
for that said Nelson bad jurisdiction, either OF the
BODY OF The rsAtor Of the alleged crius to hear and
the evden concerning which the said Nelson
issued warrant for the arrest OF this rslator
That the said Nelson obtained original Jurisdiction
O. this case By Tisus q the rsSuiaitsS;. OF the
manding him to hsus warrant Tor the approximation of
this rsAtor alleged fugitive from Justice from
Great Britain; there had been complaint uncer oath
made against tbis reator, charging him with the
mission any Of the crimes enumerated In the treaty
the United and Groat Britain for the gv
g up Of giuves from justice certain GASES. and be-
such complaint oath 10 jurisdio onal fsct
without which authority could De conferred
That upon The hearing before the said Nilsson there was
proof that Tho Ieator WAS guilty Of the crime alleged
again { hun
That upon the said hes ring the said Nelson allowed in
svcence before him. proofs different from and 10 conflict
WITH the kind VI evidence required BY the said treaty to
establish tho commission OF the alleged crime and to
thorxe the Of the reAtor and excluded evi
dssos which ought 70 have been allowed by the said Mel
That the papers upon which said reausiton OF the
President issued and upon which the said Nelson Aotsd
In nsAirg out the copm msnt In the return to this
witt DAmed spon their face show that the facts slsgsc
in the said papers, proven TO DO true, do not
establish the rslstor the crime alleged thor sin
to have Dc en- committed; and
That the raid commitment is in AL other respects II
legal ard II violation u tho righta o. the relaor
ALkXASDER HE'LL aRONN.
nj Busted, counted for tho sccaseL gave . state
ment Of the facs OF tho case which aready sp-
peared In the HERALD Hsilbronn arrss var.
rant under the treaty and examined before Commisonsr
by Juoge ~ che of the Supreme Court, . writ Of
hab.ss corpus. fhs points advanced BY thu learned
unset In his Argument were-frst that the complaint
under tn requirei the treaty for the arrest any
fugitive absolutely but that In tails
such ccmpaint had been THAI the Commas onsr
executes tre and that the act Of l848 planned
ch treaties do not execute them Selves thirdly that
the act Is unconstitutional and II 1t hall Be deemed Co.
that the prisoner having been found withia the territory
of the state Of NV York only such evidence A. by the
OF that State would BE- admissible before m
could BE- admitted before commissioner and ourthly
that IN. act Of Congress s void and that the facts ae
&c in the papers do not tras amount to the Of
forgery and NOT within the terms provided by
the trsty exrrAdiou. Mr. Busted then produced -
vi ness-
variant for the apprehension Of Alexander Hebronn by
tn suthority of my appointment Commissioners under
the act Of Cong and BY the requison Presi
dent OF the Uuisd States do not rsooect the date but
referring TO the warrant see that 1t IL dated LIST OF
November 1885, original records lost ia the 6r~
psipt T. be fou nd affidavit Of Mr. flannel the
pono Was III. only con plant eyious to the
issuing OF tho wArant rhis examination objsctsd
TO by the counsel on ths other sde. The paper nov
shown to ~ copy OF this warrant when issued my
warrant had svidenos but tbs Aft iavt Of Funnel
sid the oris al d.postions; the paper xn 70 me
before me by flannel, the original warrant isued
BY the EushAh MAGISTRATE; paper alleged to be forged
accused w.s arrested the DAY after the dsts Of hs
warrant; do not Iecollect the pre- se day he was
brought before recosc that sbous the Both
Now mber the council Tor the accused appeared before
him. Ind sta cd his readiness to proceed Nth
On that day sas Adjourned to tue Sd of December
oppo I'd it, the adournsd Gay parties again sppssrsd
before ms the prisoner then ready proceed he
demanded that the hearing should be than proceeded
WITH another application de fos adjourn emit
sbink IL was an adjou nmsnt OF week; that adjourn
nent not consented TO by tue accused matter
81 the sbseacs OF tks original alleged forged docu
nsEts; hearing was had before subsequently; al
re va the testimony Of Fupre and the original alleged
tIgea papers there other dccumsnissy evidence
uced before the hearing Funnel was pro. uoed
sDd srofn On the part Of the Q aimants and was
Examined On the papers claimed to be originals;
Funnel proved that Mr. Mrsndxs was an Miernan Of
Iondp End ju tic. peaes And tina. the ,jr
o. Mr.. Mug idge were Of his own hand vr ting; Funns
no,biDs .bs ut tn .pIonnents Of Ecssh justices
q tn p-ses Der ssou u. extent OF the jars lotion
Jusce ~ peace for the b1rsugh Of Loncon he bad
lead the ststnfss Victoria ON that rub.c: DO
not brow what he satst abr the election or sppoin.
N 9Ht inst n xh.Ah u
Mug eE- exercise trst icti n ton or dossn
cares Ibis cssf Of cssss vas that OF thk and pick
wts the '.sny pg Of the copies Of the d. positions and
the original SEQ documtnts these papers were tbs only
pco' OF the ocmmissiop Of the forgery flannel was the
oIly wress produced on bsha Of tho cAima. no was
Grail, exsniged II w.s demanded ny tbs accused that
he oduced by the claimant 70 prove TIE Ads
Wis thouId be examined and toe tecert OF those
oopies objected by the tppoSite side; am com
ls4s.
ter o. made the commit ment after hearing the proofs
two or three Witnesses examined part OF The
prisoner
R-txamined with essss were BROUGHT bv thu secu,sd
to prove that he bad been arrested held to bail Ia
an action OF debt this the main substance OF their
Sheriff Mr. Whiting called but some admissons
ba' be made superseded the necessity Of his beog ex.
smned.
The Cou,t here ~ ournsd uptl thu fo,lovn, noyn,g
At 10 o'clock WAS Understood that Ia the meantime
Mr.. Bused should furnish Mr. Whiting oounsel ON the
oppots tds, with his authorities enable the latter TO
reply.
Chamber or Commerce.
The regular monthly meeting Of the New York Cham
Der Of Commerce held on Wedne day Afternoon q.
ths Mfrcbant' Bank. The attendance va, full, and .
lsse smount of busns brought forward for action
The Pendent, Ar Perit, occupied the chair.
After the reading Of the minutes the previous meet
irr he olo~ing were elected members OF the
R W ws'soD; buckingham " H Cary, James
-. NJ nha~sa - -