The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-08


cs Of tbs intention to make such sppoa.on hiss been
given to the Secretary OF State to order the person 50
committed to be discharged ont OF custody, nnisss SUI
charge ought not 10 DO made In such case however,
there has been lawful commitment no discharge
At any time can b. upon the order OF any Judge
esa reasonab BILE notice Of intention to make sppca
tion for dscharge has been given to ths Secretary OF
OF Commitment finds and cerss before he to
act that complaint on oath was made charging the
within the urisdicou OF the government OF rsst Btsa
the crime Of forgery that the President Of ths United
States upen the claim By the government Of Great Br
tain for the extrAdon said reator pom the charge
Aforesaid In pursuance Of the treaty did issue his
rant requiring him Commissioner Nslson) 70 Investigate
oath, and after such warrant from the President,
issue his he said Commissioner Eslson's) warrant for
the apprehension Of the said rslator upon the said
complaint; that the said reIsor apprshend
ed In pursuance o. said last mentioned warrant and
brought before him. That hs did Investigate said charge
that he did consider and hear the evidence brought be-
charge Of forgery and that upon such hearing, he did
soudge and consider the evidence OF the crmnaty of
the reasor as charged snfsien under the provisions
Of the treaty to sustain tAe charge Of forgery and that
therefore he did his warrant to commit the restor
to 'he proper jail to give an opportunity to the govern
OF the United states in the opinion OF the Exscu
tive the facts in the authorised and required It, to
issue warrant for his 1.-THE said reiAtors extradton
There can be no 9uestioo this warrant Of conmitment
BY Commissioner Nelson true and not false but that
the reator in the lawful custody Of the Marsha and
by the the rsaor And ia further admitted
that this warrant OF commitment the face of It, Is
good and valid warrant AND mits good ana Va ,n
facts certified 10 BY him, It VIII not messy foox
fs h d1 III the sot F'aos viii
gress OF August IL, 1913, must certify to the
Secretary Of State COPY OF all the Testimony
taken before him. upon which he forms his opinion
that the President determine WHISTLER upon the
testimony taken the necessary facts established to
justify the government In granting warrant OF extrsdi
ts.r 4ha fapffr nkan nd anh
missioner he in the FIRST place determines whether in
In his opinion complaint cath has bsen made and
has then he Issues HIS warrant ofcommitmen ad when
upon that warrant being brought before him. he deter
mines the evidence to him submitted whether it
sufficient to retain the charge made II he does daem
sufficient then he orders the accused to be holden IN
tody await the decision Of tbs government thereon
And his dongs declared by the act OF Congress to DO
COCO and available to al intents and purposes The com
missioner then after he shall have sent 70 the Secretary
Of State copy Of all the testimony taken before him.
for1a his dnty And that dutv is to examine the tsst
mony tai before the commissioner and to determine
upon his Responsible and the RESPONSE oty Of hts
mopy that complaint on oath Was made and whether
the evidence taken, IN the opinion OF tina govern
if either Of these facts, in the opinion OF the
government, are not sufficiently and satisfactorily
made ms out By the sslasscs 50 '..sn then It
Of e1trsdition But If these facts, in the opinion
OF the satisfactorily by such
evidence then it IL the duty Of the President grant
such warrant and by doing faithfully carry cut thu
stpulaioDs in The treaty contained Ana the object of
the application before me Ia not only to have deter
mine that Con- mis- soner Nelson has made further And
ing and to declare that his dongs which the Of Con-
gress has said should ''be good and available to all To-
tents ard purposes, shall rot be good ard available 10
any intent purpose flor to have this application
cess'n must do thie) but also, that should prevent
the President from deciding upan the evidence 30 trans
mited by the Commissioner to the Secretary Of State
whether complaint on oath WAS maze, as certified by
the Commissioner, and whsthcr such evidence h sieat,
In his opinion aided By hf advisers under
the provisions OF the treaty to sustain the charge OF for
gerry against the rels tori II sach decision has already
been had in the Affirmative that should determine that
such eson so made BY the President vas also fuller
decision Tho warrant Of commitment Issued BY Commits
soner Nelson is attacked several eround The reA or,
in his reply TO he return Of the Marsh<l kays-Frst
That before the Conmissiore Issued his warrant OF
arrest, AID had proceeded to act, upon the order
been made charging the rshtor with having committed
the Of forgery within the jurisdiction OF Great
Britain scsnd That there was no evidences before the Com
missioner such ~ s required to sustain sg>ilst him
such charge. Third, That II there any such evil
den.e that evidence not sufficient to sustain any
such charge And upon these grounds the ds Gand is
made that the warrant OF commitment should DO de.
cared Of effect. Previous to any action tAkea by
Coumssoner Nelson certain papers, which purpoted TO
be copies Of certsin dispositions taken and
fore Henry huggerecRe an Alderman md Justice OF the
Peace for the city Of London upon which original dsso
iitons warrant OF court had been granted, which pa
pers duly certified by the raid Masgsredgs, VINO
issued the original warrant Under his hand to bs tru-
forgery committed by him Ia London, transmitted
from EogLd to this country and presented by the
panied with desire in oehsl of the government Of
Great Britain that warran. Of extradition should ia
sue In pur'uance Of the treaty in order that tue reaor
might answer to the charge Of forgery IN Lonaon whore
1t was raid TO have been committed These pspers
transmitted by the President to mmiasoner Nelson,
accom- panied with = warrant to him TO investigate the
chsge and set forth ia such papss These papers
this warrant the Pre- sdert handed TO Conn.,
Nelson and before he Issued HE warrant OF krrest no
took the deposition OF Edward Funnei Of tbs police
officers Of London, In which he sxore That hs
quainsed with Henry huggsrsdge that he alder
and justice of he peace of the city London that he
had known him to act repeatedly such; that he
him sign the certificate to the papers porting to be
copies with the original papers Ia the possession of the
said Nuggsreg e and that hessw the orisas adsvits
to and signed BY the parties thereto ia the pre-
ssnce Of the said Auggsredgs and that tho p.ps then
before him Commissioner Nsison true and correct
copies OF the origin al depositions
There then abundant proof sub nttsd t, C,mmis
sorer Nelson before he Issued his original warrant Of
rest that Henry Mugaeredgs acting alderman and
justice CT the peace OF the city OF London that ern
fore Commits, Toner Nelson the havg been trans
rtted him by the President charging tbs relator with
hsviSs co mitd the crime Of forgery ia tns city Of
London; and thst tho papers to before the
raid hrggeredge. II, then, the raid Nusgsrs igs,
such alderman and justice OF tho peace, had power
and authority over the crime charged, to icvesu
gate the TO administer oath TO the parties whs
sgn such papers and to issue the warrant which
issued by him. then there was before Commits ioner
Nelson proceeded TO act. complaint under oath made
charging the rels.or with having committed the crime OF
forgery in the city OF London ard su.h mplaut
the treaty does not require that the complaint unisr
OATH should be rnKes directly to msgitrse in the
try 10 which the alleged fugitive las asd; but II 1t IL
maSe in the country whsIe ths crime committed to
magisrae who has power TO administer oitns and to
isvsstsas tfe criminal charge made ard take ur~iic
dictoD OF the same. And the same, duly certified
copy OF the sae Is traE stsd u tha q OF the
ceuriry where the fu rtve has sought asylum and
the government OF the country TO which thu has
been transmitted recognizes 1t ss authentic then the
terms OF the treaty, vhlch requires plsins ucdsr
oath to be made has been satisfied Whsn the case
KANE before the Supreme urt Of the United Sss
Q4 How, 1897 oms Of The Judges differed in opln on
to the efect Of such testimony given by Eisari
FirnneD before Commissioner Nelson 10 this whns
all sgreed that CHI testimony sui .ieat to .ovs
that the foreign agDtrtie duly appointed 10 tbs
tfice which be assumed TO lave and hold thsrs
difference Ct opinion whether 1t su;iisisat to
prove thai lie had power and auth, rity 10 sst
in the way that he had assumed TO s,t-some OF
Them oontendes that such teatm ony Also su ciens
- prove that such foreign msgstrs'e had irisdctton
sno authority 10 act in the mster In the that IL
proved the said magistrate did act, while othss contend
ed that not sufficient any such jurisdiction
srA sntn 1xt~. int ,. a..