The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-19

Frauds upon the Northern Railroad OF
France.
TRIAL OF THE PRISONERS BEFORE SPECIAL coxMIs-
sIoNKR BETS.
Feb. ls-The xannston Of the French prisoners
charged with having committed frauds upon the Northern
Railroad of France brought up before spooal Com
missioner Bolts as IL NJ yesterday G the United States
harshals Office The four prisoners present. All
the counsel were present. except Mr. Busseed Mr. Jos
chimsseu, the Assistant District sAtorney represented
John hcKeon behalf Of the United States, Mr. Fogery
appeared for David and Mr. rou for the French govern
mept
Mr. Devlln applet for postp,ueueni Of tbs case for
few days, urtu The recovery OF Mr. Busteed, - they
Intended 10 show that the CON nsonsr had 40 power 70
ny ne prisoners, sh.. M Basseed Was exp.cted 70 pre-
sent an Ggument on that point and he WAS the only one
Mr. townsend inquired q, 70 the cse Of Eugene Grsle,
TO know the French government proceeded against him
Mr., rillou stated that he did intend 70 proceed
against Grelet. Mr. Joaohmsscn asreed 70 that.
M Townsend inquired Tor Feoc Dubud, oae Of the
parties accused lie Informed ths. Dabui had not
been arrested. M Townsend then objected 70 proceed
ing With The case until ali the accused we're arrested
COMMISSIONER Beta overrued the objection.
hr. Townsend then moved 70 suspend the osse until
seelon We, lot from proper authority upon the wit Of
NJ .Joacsmssen objected 70 this motion 70 suspend,
and the Commhsiooer overruled IL
the want Of preparation IN, part o. the counsel for
prisoners fhey had depended upon Me- Busiced, and he
Ease lie va sioSs 70 savs TOE case pos,p,ssd
least for few days. saying unles the case Vas Cd urnet
great injustice would be done TO The prisoners, tner
rights would be compro missed, and her liberty for u
imperled The oommlsooer persisted In going ou with
| the
Commissioner Bstn refused sooeea 70 he spp.ss
Mr.. townsend then objected 70 proceeding WITH the
case he considered that the 90 nml.sonss had no
right power In this 70 ~ the prisoners
and that the Marshal bad no rsh 70 I'D the prisoners
upon The warraD, under whico they ws,e arresiei
The Comrbsiontr overruied the oojecton
Mr. FofeYty moved that David be dischargef because
the treaty for exwadion expressly says that ise eNrat
ton OF persons cannot axe place unless through he dpo
| msiic agents OF Ibis and forega govern nsns Tue
diplomatic agent Of foreign government must otfcisuy
apply TO the diplomatic agent OF our government for the
exusdion OF person persons guilty OF crimes before
said be arrested aud scot bacx 70
| foreign government In this case the French C,osul
at New York made the sppl csilou; no person does. o.
msuo SCENT The French hini,ter 81 wa'hinston
| 10 the only diplomatic agent Of France In
this country Has be msde such an apPaca,onf
cation for the txusdtion Of The prisoners; does nr
appear that he has upon the warrant or any paper before
you, nor docs the prosecution prttrnd that ne mas
Mr. Joschimssen objected TO tue discharge OF David
and considered that warrant had been made against
him Il Sufficient TO hold him.
Conmissoner Bolts overruled the application Tor the
1 discharge Of David.
Mr. Devln moved for q p stponement on the g-ou,ds
that the Commissioner had jurisdiction 70 &C, IN the
Gaze tina, By the act Of 1913, yo Soz o. we as,1es
should not have the power TO issue wsrfsue unless
special spponted End Com missioner Belts nal been
app1nod subequont 70 that act he consequently had no
| power 70 issue warrtna
NJ. Jsschimssen objected 10 thus understanding the
| statute. &C.
The cou for the prisoners rose several other o,ec
tons 70 scing on with the case ursdct Of tBs
Commsiorer and 70 the legality Of proceeding upon tbe
warrant which they represented - be msterisy dieo
tive Three four hours tnus consumed In oonro
v9sy. withcu. any decision being come 10. The cafe
| was hen adjourned I'll today 81 IL N.