The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-18

wepuhlkh q ewhsrsia our oolumnA today, the
first por'ionof tho evidence takes bef0re Commits
sooer Betts on tho app lea ion for tho extraditcn
of thepc,sous G. arged with deGtaudhg the North
esn Railroad Ct France, or Baron RothschIld, its
principal sta eholder. The remsining portion Of
the testimony we win probably pubsiss to morrow.
The evioepce Is all completed The arguments
of the numerous counsel engaged in the case
have all teen made, with the exception of those
Of Mr. Galbrsith and Mr.. McKeon- These will be
made to-day and tomorrow, and We may cOnse-
quently expect the Commissioner to render his
decision In the case before tho close Of the week
The one point on which all these voluminous pro-
oeedings turn is whether the EKtradition treaty
existing between France and the United States
includes, among the crimes for which fugitive
criminals in either country are to be delivered
up, the crime with which these French fugltlves
are charged. That Is the plain and simple
question 10 be decided by the Commissioner, 1t
being hsrd,y denied by the accused parties that
. certain grade Of crime wa, In fact, committed
BY them-thst ID, that they did, under tho ex-
traordinary temptation before them, and under
the influence of tho stockjobbng mania which
at the time ragged IN Paris, make free with the
shares of Baron Rothschid, deposited with the
Northern Railroad Company for safe keeping,
and that they pledged or hypothecated such
shares for the purpose of procuring means to
speculate on the BOurse, as all the world was
doing. Their offence, according to the whole
gist of the testimony taken, hath that extent-no
more The fact of their having made false en-
tries In the books, or certain marks on the en-
dorsements amounts to nothing more than the
taking of measures to hide their first fault It
does not in any way increase or diminish the
gravity of their crime, and cannot, by any
amount Of legal perversion, be strained into the
dittinct crime Of forgery, as the prosecuting law
yers are striving to do
The treaty provides for the extradition Of cri-
slary, and of robbery committed under circum-
stances of violence or intimidation. It cannot
reasonably be said that the charges against
Grelet, Parrot and David fall within either of
these categoies Nevertheless, efforts have been
made TO show, that they do The charge Of for.
gerry has been got up In relation to entries and
marks, having certain understood significance,
made for the purpose Of evading detection. But
1t is an insult to any judicial mind to attempt to
represent such o. forgeries; and We should not
imagine for a moment that the argument could
have any weight upon the Commissioner. Then,
again, like futile effort has been made to bring
the crime under the denomination of burglary,
on the assertion that tho safe wherein the shares
were kept and from which they were distracted
was forced open.
This attempt, however, only reveals the intense
desire that is entertained by certain parties in
France for the success of this extradition exoeri
ment. We have always understood, and
We believe, that the testimony reveals
nothing 10 the cOntrary-thAt this Grelet
and Carpenter, who voluntarily returned to
Ffsnce, were two of the confidential employees of
the company, not only having access to- but hay
ing care of, these identical shares Of Baron
Rothschild, which they attempted to utilize for
their own profit without intending probably to
cheat or injare him. II appears to US, therefore,
that this pretence Of burglary is silly, Idle and
improper effort to warp justice and to wrest facts
from their proper and true significance.
If the trainers of the Extradition treaty had de-
fired or intended to include within its provisions
this crime of embezzlement or breach of trust
which alone lies against these partles-they
would have said SO, and there would have been
no doubt Of the Interpretation to be given to the
words which they would have used for that pur-
pose But they did not intend to give to the
treaty so extensive field Of operation, and it is
highly improper now for the officers of the law
to seek to make II effect tbs< which Its trainers
did not intend ii should effect
We have no desire to shield the men OF to
pallia.e the offence with which they are charged
We merely say that treaty to sur
repdcr murderers, burglars and highwaymen
should not be made TO apply to shecpstealers
pickpockets or unconscientious speculators That
Is our whole position in the mater. These men,
under the irresistible influence Of mania for
speculation which perncsted all classes of French
society at the time were tempted 10 make use of
stock otherwise lying improbable in the safe, as
o basis on which to speculate to any amount.
They did 30. They pledged or hypothecsted the
STOCK. Ineir speculations were uniorunate. In
stead Of becoming millionaires as they fondly
dreamed, they were unable TO redeem the stock
which they had pledged, and had to resort to
atifce TO conceal its abstraction. More and
more and more stock was obtained In the same
way, and swallowed up In the same yawniug
gulf Of the Bourse, till finally il became an i'm
possibility TO retrieve their loss; and The opera
tors fcend themselves obliged to resort TO
figbt-tbet Inevitable finale Of such career
probably with q determination to redeem
in q distant land their forfeited reputation
If the Exhadition treaty had covenanted that
such offenders should be mutually surrendered
we would be the first to demand their rendition;
but as 1t contains no such covenant we object to
the misinterpretstlon sought 10 be put upon il,