The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1855-10-24
From the San Francisco Timec, Sept 90
Arrest of Peter 3. Manchester in
San francisco.

Dan francisco.
p. B. Manchester, the defaulting
banker from Cincinnati, was arrested on
Friday by Marshal North. He attempt
ed to escape, after giving his word that
he would surrender himself when want
ed. He is to be taken to Sacramento.
and, if proof sufficient is furnished, will
be surrendered to the authorities of
Ohio, in charge of officer Bruen of that
State, as required by the Governor
Manchester was taken up the river by.
Marshal North in person, Saturday af-
terGoon.
We learn from the Sacramento Jour
nal that this person, accompanied by
his counsel appeared before His Excel
lency, tile Governor, to object to having
the requisition of MediIl OF Ohio, indors.
e3 by the Executive of this State.
James Ii. Hardy, Esq, District At
torney of Sacramento County, read the
requisitiou of the Governor of Ohio.
which set forth that said Peter b. Man
chester stands charged, fy affidavit duly
made according to law, with the crime
of forgery, au6 also with the crime of
uttering and publishing certain false
and forged promissory notes for the
payment of money, knowing them, the
said notes, to be false and forged, with
the intent to injure and defraud one
Frederick Franks"
The requisition is in the usual form.
Colonel Phil. L. Edwards, of the coun-
sci for the defense, read numerous aft
davits, and on the motion of Mr.. Hardy
thatsthe Governor of this State comply
with the request of the Governor of
Ohio, Oolouel Edwards opened his ar.
gument, and proceeded to show that the
affidavit of Franks i. insuficientlegally,
because there is nothing set forth in the
affidavit to constitute a legal forgery !;
because it does n~otaver that Manchester
knew that the Endorsement was forged;
but that the whole affidavit is founded
on the belief of Franks, without setting
forth the cause which led to his belief.
That the requisition ~recites that the
notes. were forged, while the affidavit
states that the Endorsements wereforged
that the law of Congress requires that
the affidavit of indictment shall be certi-
fed as authentic by the Governor max
ing the requisition, and that this has not
been done by the Governor of Ohio
That the affidavit contains i1,terlineations
acting forth important facts, and that it
has been held by learned Judges that
defects in the original affidavit cannot be
remedied, but that anything material
shall appear upon the original affidavit
that it is necessary that a charge be
made that a crime has been committed,
and that the defendant is a fugitive from
iustice-reither of these facts is set
forth in the affidavit or requisition-that
the Constitution of the United States
and the constitution and laws of this
State require a certain course of proce-
dure in the requisition and the affidavit
upon Y hich such requisition is founded,
and that this course of procedure has not
been complied with.
Mr.. Hardy, the District Attorney, in
bis reply, read the decisions of various
Courts to show that it is only necessary
that a crime be charged to authorize the
Governor to grant a requisition; show
ing that the Governor says that the af-
fdavit is "duly authenticated according
to the laws of our State'-that it con-
tains the seal of the State of Ohio aud
the Governors signature. He Contend
ed that this constituted the ''certifcate''
of the Governor, in a manner fully to
comply with the law of Congress.
Mr.. Manchester asked and obtained
leave to speak. Daring his speech lie
reyie ed the history of his own life,
and, protesting his innocence of the
charges, stated that he did not desire to
be released on technical grounds, but
called upon the Governor, ii be thought
him guilty, to return him for trial at
Cincinnati.
The Governor stated that he would
take until min o'clockEthis morning to
examine authorities, before he coufd-de-
eide.
By telegraph from New York, after
the arrival of the Nortkeru Light, we
we're informed that MANCHESTER would
be sent back; but if such has been Gov
ernor BIGIER's decision. it is not TO be
found in any of the California papers re-
ceived by us. It is moro than likely
that MANCHESTER, through his attor-
neys, will find some means to elude the
requisition, in consequence of some tech
meal informality.