The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-11
Certificate of Extradition of French FOrgcr
UNITED STATES COMMISSIONERS OFFICE.

Before George w. Morton.
IN ne matter Of the application By the French Gore,,-
for the ertrodition Of Nicholas Sucion for he crime
Of fogey ander the teaiy betuen France and the United
c-By the first and second articles Of the treaty of
November 0, 1843 between France and the United
States is agreed thai per charged with having
committed in France the crime of forgery who shall
sought refuge in the United States,' shall, upon pre-
the latter justice the former Provided that
this shall be done only when the fact of the commission
of the crime shall be established that the laws Of
the country which the fugitive shall be found would
justify his apprehension and commitment for trial. if the
crime there committed Statutes at large, vol s.
page $780,
The present case for extradition was, in the first
place brought to the notice Of the President Of the
United States BY the proper diplomatic agents Of the
foregG government and the assent or approval of the
President proceeding therein under the treaty has
been made fully to appear and the fugitive brought
before the Commissioners under formal complaint and
bv warrant issued by him October 9th. 1855.
The prisoner is charged with having the 4th Of
March, 1855, at Besancon in France forgeda commercial
draft for the of 2425 francs by falsely and
fraudueny signing the name OF one "Antoni' to said
draft order and Of having the day negotiated
draft to be forged to Charles Henry schms and re.
ceviDg therefor the said sum of money.
By the penal code of France both Of these acts
comprised in the of forgery and under the laws OF
New York constitute forgery in the third degree.
The Revised Statutes which in these respects to be
regard ed i sthe laws Of the country direct
i. After arrest, to examine the complainant and
the witnesses for the prosecution.
= The prisoner, without oath, cautioning him that he
is at liberty to answer not.
B. Then his witnesses and il upon the whole evidence,
il appears that the offence has been commitei and that
there is probable to believe that the prisoner is
guilty, then TO commit him for trial q Revised sta
tutes, n. u. page $780,
By an act OF Congress, passed August II, 1873 (Sta
tutes at Large vol page 302 for the purpose giving
effect certain treaty stpulations between the United
states and foreign governments for the apprehension
and del ering up certain offenders il declared
among other things, that upon the hearing of the app
cation for xtadtion, under treaty, copie Of the
depe sitions upon which an original warrant in any
F4f mi NAV hnVa haan ~
uncer the hand OF the person persons issuing such
warrant attested the oath OF the party producing
them 70 be true copies of original dcposons may be
received in evidence OF the cmioaity of the person
apprehe nded.
Under and by virtue Of this law Of the United states
the following is summary of the papers duly autnen
Gated and produced before the Commissioner in evidence
Of the crminality Of the prisoner.
!. copy OF the original warrant to arrest the pr
Copies OF dispositions upon which the original
warIan. was granted
. That Of the person to whom the prisoner passed
the ORDER draft the original of which Is annexed and
proving also that the prisoner received the amount less
the discount.
g. That Of Antoni the person whose name was forged
affirming the signature to be forgery
T. OF two persons nmar with the signature OF Auto
nj, Affirming also the signature TO be forgery.
g. That Of the notary who protested the draft and also
deposir to the fight Of the prisoner.
letter also offered in evidence fully proved TO be
written by the prisoner at Liverpool while his
the United States informing his family of his estiua
lion aud in which the fasity Of the draft in question
with that of Sc veral others. Is positively stated.
On behalf OF the prisoner, two wnesses examined
70 disprove that the body Of the draft and signature
in bis hand writing.
These persons had him write frequently during
the period Of his imprisonment in New York and both
after examining the draft expressed very confidently
their conviction that neither written by the pr
1t IL very obvious that evidence Of this description
cannot be regarded sufficient to neutralze the hin
Of documentary evidence before referred TO- and justify
magistrate in refusing 10 commit for trial an 10 dis
cha, &c party thus incupated-such determine ton
would be anomaly under criminal procedure and
in utter disregard Of the clear weight Of evidence
verse to the prisoners innocence.
Admissions by the accused voluntarily made,
after being duly cautioned to his answers which
taken alone would authorize and require his commit
ment for trial. but these entirely thrown ont of
consideration by the Commits Toner in estimating evil
dence of his criminality.
II may be proper to observe that the counsel who
peared behalf the prisoner though not until several
adiournments had taken place have left the to the
decision Of the Commis sioner without argument.
Upon the whole the Commissioner finds that the crime
forgery according to the laws Of France has been
mitted
second That the prisoner IL fugitive thereron, aud
found in the southern district OF New York IN the
United States.
Third That the fact of the commission of ibe crime
has been est blished before the COMMISSIONS that
the Of this country would justify his
and comm mcnt for trial. II the crime had commit
ted where he arrested and found.
Wherefore IL will become the duty OF he
ify the same with all the testimony before him.
10 the Secretary Of State for the further action Of the
Executive according to the spalaations Of the treaty