The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-06
United states DistricI Court. :
b fore hon Juiga Ingersoll.
HABYAS cnpprs


United states DissricI Court.
tf b. fore Hon Juiga IngersoL
BABEAs oORPGs.
IfB IN The Kaaer Of ALERT t1der HeitbronY Claimed
ey n: Ag'.sh GocrEmet as ,fgsios from Js,;cs for
orAlgd F6Iay = thls waf resumed 70 day
r. Carh ons OF ths counsel for the elamEats, con.
tefred that this was s.tsmpt review the procea
ts snd dscisions OF toe Commissioner and oa tn. gui
cstey of the eieencs to establish urimusss Of ihs
t4s' ne saonhltsc oooia sos o. dons naeer
.r OF hassas cofpus 10 support ths visw of the
ne rfssrsd TO the psttsr OF Clark IA Wendell 2l2 Ii
Adosfns am Eiia, a!Si Ai.Ps ias; Hlt o55 ana
t"th r-'- ~ 9sti 4Hsrbcur 81. Bsshour, $40. Ths
points q the lesrnea cauosers aguusn wsrs th,t the
court on hsbsas corpus could only nire tas
had jafisdooa over the subject matter IF
com 2ant wh.ther he bad the prisoner before hi1 oa
that 90 npistnt and whether laere wss recital In the
commltGert 10 show thst there iurisdic ion aad
thst VAS isea'y exsrct ej That prisoner ha5eis
corp could Not show that there y.a 70 proof wha.o
ever before Ma cnmmsatoner .eudys to es+.b,Iah ,ne
oomphin hAt the weight Of this evidence Its suicsn5y
or Msulh mercy Ts3 not \ suejec OF review Oh !
writ Of haba oorpus that upon writ OF habsss corpus
Eter maj SPECIFICATION By the comgittng mas istraka
this court cona not 90 ato the question of the
or irsufc'enoy Of ths original warrant for the reason
that In sons cases OF crime within this sas
no warrant nsed be Issued At ALI private citizen .y
ar est aud 70 nsy magistrate, suspicon Thst this
court may not inquire whether the prsoasr was right
fully brought beo ihs nsgstra rate-i Is enough tnat
the djudcated and that this court will moi
look into the Evidence any further than thst the
tAe had cognkiEcs Of the offence and power to make
the or or for the final 90 n nj neut-
Mr.. Whiting, also counsel for the claimant gsid that
the oice OF htoeas corpus according to its tenor is
simply 10 nqri whether the party brought up on 1t
restrained in hislihersy without warrant and authority
in other words without the authority OF legal ,ess
He entered into Ahsory Of the writ End that
no court rad the fgh. Of reviewing the proceedings had
before the committing magistrate but ony his jursdc.
lion In ths matter, and for this reason that OFF
had acted vr0pgfuly liable ~ Lhe
instance OF the p.'y accused He contended that the
prisoner could rot Inquire rheher there complaint
under cath or not al insisted that technical complaint
wss unnecessary and that representation OF fa,ts
sufficient II WAS said By the other side that
copies OF lee dep06tuB ought not
II carrot be endsd but by act OF Congress
these copies are pfopey in evidence Ohs Of ths objects
OF the scl was to savs bringing OF wit, from
coun TO another 10 conten Led that the Of Con-
gress Ia unconsdtudoml hut Congress- I'D the power
and might dapsnse With examination altogether be-
fore committing magistrate. l. might ds,lAr, shst
the demand Of 4 foreign exrea,vs the Secretary of
State nigh hold an eNmiaatioa, and deliver up ths
cuseo without aLy intervention 1T al. Con
gress has paced an Gs aad 1t ever heard that
single judge would set it aside ,nal and
voof De believed that his Honor would not iert ska
to dstermre on such grave important and delcate
question He would lie to t. what parsulAr part
OF ths institution ne counsel would ing y ID Tao
prtsoe fs Fugitive from foregn country and
ony tenn porary alesiArcs Is IL for him up
the sct uacoHsuonsl There Is r The focie
who seeks um within tae,r tsrrt Hs believed taat
his Honor rond not examine TINS question the ground
OF tina constuonslity tho act Al TO tbs rlAnt
ste act pre- suppos.s . cpaiot to bs raace la foreign
country Are all the wtnr-sss to bs ,rAnsf-rred from
Frglsrc to thin county Ths nature OF ts tresy for
bids sush An idea l. 'npy meant that the CON p.int
shosd be made In fortsp country ana that tne depos
tons bould he certified 10 tais Ra the sicts
pNgrf ancs compared with the result Tcs great
ton whe her shall this treat, fA,Iy Il Ia
serious estion whether We shall miks this city the
plce Of refuge for all th. criminals world Coua
eel rays that the oomnssiorei lad proof bsore hn
recital In tho ai tment shows that suoh
prof, and that II euHi ;snt in his judgment. Bat
thu prisoner is not being dever over execution but
tos fair trial. to be confronted by his Aocusers ami the
Witnesses ssainat him The learned counsel couuiuisd
hsargumsnt by.def1ipg the crime o. forgery Hs con.
ts ed that in this case there a to
n n n 4 untR ftnft
foged document hould be uttered to comples
hr Busteed thes srmmsd up for the accused. The
following the principal points which IN urged in tho
Of bis Argument and the authorities in support Of
thin that he qno!ed -
irst Point complaint ,dr cath was necessary to
indicate lrisdicton In hs Commissioner and this being
TirsdcIional fact, without It tne Commissoosrs
nitmen. is void process (Artcs X OF ths Treaty OF
1872 sec ard OF Ac. OF Cons gress OF 1881 lss 1t
made requisite by tbs apguago of the trtay and Of
TIN act Of Copsress OF ls4s ID 1t is made requisite bs
cause tie treaty declared that the person alleged - bs
dDce, &o, ss according to the laws, as Tns accused
w,s found in New York, and II the c hal besn here
committed, be could not be spprehended except upoa
process for tn. apprehension of persens gsa with
sn offence" GAN Y. Rev. Stat, vol q 81 ed p. 7a2
7Hs l., ssc. - Cd. There CAP se no other mode OF
apprehension in the Stats OF New York. "a R,y Stat
iad) II BY ths common law . magistrate, 80, had
srcb right the right Ia rspugoaut TO tbs above
povnion ct the statute and IL soroRsted q N Y. Rev
STA e of New York 4th Toe .i .vis OF F,rnneil doss
charge any of noe against H-brcDn and Is not
complaint or accUsAtion under sh egAinst HIN. 1t
ely gees verify tho copies, deposisons and the
official character OF the magsuae
Second Point The Commissioned hsd proof before
him 'hat the crime alleged against Hebronu had been
committed lst The second section OF the Act OF Con-
sss which allows copies Of the original cepostons
be received 10 evidence, ia void. Slodvisioa The
treaty provides the proceedings and proofs, which must
be had snc given upon the return OF the warrant
Of arrest viz the. II shall only be upon such
81 evi snce Is made i'm Die by the Oopsuon Of
the United sstes and tbs laws OF the State Of New
York, In which the accused wasfouna (Sse N. X Rev
the T. s % Rsv Sat, 81 sd title / SEQ to a5 sss
80 Hue N Y. Rsr (Russs Us, Ths Peopls) p. 289)
Sub til ion C. The act Of ls4s only intsn:sd 10 apply
TO such 20. IL Vas the right Of this accused to
have the vitnestes agAirBt him confronted with
him, fo that he might have had them snined,
Sd Hh's N Rep. {Esstsii 10 } p 2sS sd. Tnsrs was
proof that Masgrooge msgis trats, o. to what
classes of crimes hi jurisdiction a. such extended. This
must ba rmsiyely provn cannot be intended or AS
Sumsd. lSse fhomas Robirsot. 3 Wend. 287; Vail
IS. Smith, Cow. II; senpet vs Barnb Dsnio 14l;
8ouchsrd vs.. Dias . Dspio 23s; N Rev. Stat vol q
Sd edit. s42, part 8, CHAP Z, art cd 5l7)
THIRD Point 1t the section OF th- act OF Congress- Of
1873 be not uucopstntienA IS, nevertheless Of no ef
ot 10 this case because, OF tbe terms OF ths treaty.
1hs contribution, 60 is tns supreme Law Of the land;
the United States can o5iy "de!iver mp" 20. npon
such evidence OF orimnsty ss, icsordi 70 tns h-s
Of the pl.ce, &c would Justify his appreesusion and
itirent S1 LIST TRs seemed fJuad rthia tie
STATE OF New York an is local lava alone furn n
the st MODE OF prooec By which toe isien,y
ard ctsraatr Of hs evidence is 10 be deternasd AMI lis
,cnissiby allowed r,jsot-d; and osy suoh evidsuc,
by II lava OF tho Sae Of New York you'd be- "a mis-
ftie before ofcsr nsgtrste possessing ornin.l
urscc lou jurisdiction Of the crime forgery ought
q have been received b. the Commissioner (ses Treaty
section l0) 2a Es psrto adavs oous not bs recevsd
In vdsnce under the lass o thu state OF New York 81
By tboee avsit IL the rght OF psrson spprehsnded 30,
70 have The complainant hi zse and bis voesses sxsmn
cd oa before the arrest ~ The s,cussd e. Rev Stat
90 ID title ~ 4th Upon the warrant o. arrsst ths
usgsrs'e must psosese 70 examine the complain INT OF
oata IN the preteuce OF tbs prisooer, 30 {! Rv STAT,
81 edit, title SEQ. is tth II Is tha common as
right Of sny man charged with crime 20 be confronted
with his and 70 hsvs the wnesses against him
cross examined.
Fourth Popt-The facts alleged In the psrts Aida
su do not OF them selves IL trus ccnsuts ths cr,ae o.
forgery or any Of the crimes enumerated witbia tins
treaty. (Ghitt5's Cdm Law and Rnssell Crimes
chap Forgery; NJ Rev STAT 81 eltt title 9 ptrsiv,
see 80 1o0 Wnsr rou's Grim Low, p 4a2; Xxx " Ar
scott, 6csr. Payne, 4ts; Regina Va Waite, Car Il
Pa ne, 4l3.)
The Courl then sdj urped
WiliSamsb arg city Intelligence.
UScUlSr -torcner HanfoId heid lBqusat ysstsrdsy
Afternoon 81 hou'e In North Frs. street Second
street or the boty Of wios lady names Br.isford
e,sN Al