The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-24
THE HEnBnoNN ExrRADIT1oN-TH ENGLISH

THIS case can hardly have passed away from the
minds Of our readers. A young man, named
Alexander Heilbronn, was claimed by the Bri-
fish authorities, under the act of treaty as a fu-
gitive from charge of forgery, in having en-
dorsed upon the back of a bill Of exchange, for
something between forty and fifty pounds, the
names Of his employers, Charles Macintosh &
Co. The endorsement was made thus sc Re-
ceived for Charles Macintosh q Co. Alexander
| Heilbronn, Vine street, Regent street, Alder
manbury, London" He came to this country,
and was claimed by Great Britain under the
Ashburton treaty, which provides that in six
enumerated cases each country shall deliver up
to justice all persons who, being charged with
either of the six crimes, shall seek an asylum in
or he found within the jurisdiction of the
other; but, :" that this shall only be done upon
such evidence of criminality as, according to
the laws Of the place where the fugitive is
found, would justify his apprehension and COM
mitment for trial if the offence had been there
committed
On the arrest of Heilbronn in this city, Mr..
Richard Busted appeared as his counsel before
Mr.. John w. Nelson, one of the United
| States Commissioners, and in an elaborate
and carefully prepared argument contended
that the case was not one of those
within the treaty. Several points were
made and discussed by him-the principal one
being that the papers sand proofs thems lives,
! showed that the offence charged was at the ut
most but an embezzlement, and did not consti
tute forgery or any crime for the preparation
of which the extradition of a man could be
made. The Commissioner decided against the
views Of Mr.. Busted, and held that the act was
forgery.
| The prisoners counsel then made application
to the Supreme Court for a habeas corpus,
which was granted by Judge Mitchell, and ar
gument was subsequently had before that func-
tionary A great array of counsel appeared for
! the claimants. Messrs. Charles OConor, United
| States Attorney N. B. Blunt, District At
torney Whiting, ex-District Attorney and
II. Clark, appeared in support of the extra
dit;on Of the accused, and argued in favor of
the confirmation of the Commissioner decision.
After very heightened discussion, Judge
Mitchell decided that Hebron was not guilty
of forgery on the proofs, and ordered his
discharge.
This order the United States Marshal, in
whose custody the prisoner was, refused to
obey, under the instructions of the general gov
ernment, the Cabinet conceiving that the prero-
gatves of the federal officers had been inter-
fered with by the action of the State Judge.
In order to avoid the necessity of a collision
Of physical force between the State and the
general government, Mr. Busted then made
application in the United States District Court
for writ Of ha5eas corpus, which was granted
by Judge Ingersoll, and the whole sub ect was
again reviewed before him. In an opinion of
great length, which was published in the HERALD
at tie time Judge Ingersoll affirmed the finding
of the United States Commissioner As last
resource application was made to the General
Term Of the Supreme Court Of the State for an
order, under the Revised Statutes, prohibiting
the removal Of Hebron counsel on both
sides appeared, and in arguments which we
| published at the time maintained their sew eral
| views Pending the decision Of the Supreme
Court, Hebron was, by the express order OF
the President delivered up and taken back to
England
Now the sequel, which VIC clip from the Lon
don papers of the 9Th of April =
Alexander alias sacha Heilbrenn indicted at the
Central Criminal Court before Ndge Crowder for
bey7lng certain OF money belonging to his masters
Mesrs Macintosh, and also for forging and uttering
enGo sment TO bill of exchange for tho of f43 Is
3D. with intent to deraud the governor and company of
the Bank of England.
The prisoner pleaded guilty to the embezzlement.
Mr. Bodkin prosecuted and it appeared from the evil
dcnce adduced that the prisoner formerly
ding clerk to Messrs Macintosh and that the bill in ques
ton lad heen sent from Dublin and being left in desk to
which the prisoner had access he had possessed himself
of It, and written the endorsement upon it, aud obtained
the in question: with which he absconded in August
Last Lott nncv t,ap va1la
sort Of diary of his offences and also the route of his
fight from which he traced to Paris, Germany, and
New York, where tie authorities gave him up, and he
brought back in March last.
Mr. Baron Martin told the Jury that ia point OF law
the signing Of the name upon the back did not amount to
forgery.
acquitta taken that case and upon the charge
to which he plead guilty = he sentenced 10 six
years penal servitude.
1t will thus be seen that the English Court
itself, and the English Judges, hold the same
views that were taken by Hcilbronn's counsel
here, ard virtually overruled the decision of the
United States Judge and Commissioner. For
crime not enumerated in the conditions of the
treaty, man is forcibly removed across the
seas, put upon his trial and acquitted, and then,
having got the victim within their jurisdiction
under cover Of law they try him for crime not
recognizable in our treaty stipulations, and
sentence him to six years penal servitude.
The interest which the case excited here
while its prominent features were transporting
was not lessened by the announcement that
President Pierce had, Notwithstanding the ad-
publication Of Judge Mitchell, and the tendency
of the argument before the Supreme Court
issued his warrant for the removal of the |
alleged fugitive. II is matter for grave and |
serious consideration whether the rights of per-
sons resident here can thus be bartered upon
the demand Of foreign power, and calls for
prompt action of Congress and our State judi
ciary, so that while we preserve our national
faith we may not illegally endanger the rights !
of the citizen.