The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-01

-,... .......t IT,. S.. LIB.
its proper grammatical construction, interpoate
into words which the parties have not themselves
burglary are is;EncI Enslsh terms, which cannot be-
tram ~ I'd mo French except BY pasaphr ase and which
have equivalent words In tho fsach oen code, thai
this arcein Epgih meant - be entire In itsef odepen
IDENTIFY Of the French article, and 10 provide for crimes
committed in Fran and enable French msgisyaaes b,
committed Code Penal i, and $40 ct SEQ 1t seems
N be the pro or of the article that Its second
clause ia intended to provide FOR crimes committed In
France describing them those crimes which correspond
10 robbery and ba eary previously Defined and which
fall in the Freneh under the general classification OF
une peue aicve on infamsrte This view is strength
eued by the CONSIDERATION that robbery and burglary
s a E = Included in the sncn
their corrospoHdlre erimes then would DO found
Frebch law under that description Batifh had been in
BE- the sSs on, swo o the s snrs
class enumerated, and shy they thus cAref liy de-
other included under 'vos qaanae crimes which
would appear 10 be the only mode OF expression that
would mark such an inentonf This appears taen TO be
the proper cous pction Of the English article II II
stood aicle bW when we examine the French article in
eohnecsca with this seems the Ony Construction where
by the Two can be reoonced and made stand together
The first part Of the French aracIe Is exact translation
of the fret part Of Che English, retaining the words
ed into French and Tansaune faithfully their dehaiaons
as contained IN the English artia lie. Then the French
article in IL latter clause gives paraphase Of those
definitions II" such terms s are employed In their
code penal and are familiar to the French lawyers The
words Y,Sls anslia@ Crimes which are inserted u IN
fore opnsn that under the additional article Of Fs45
the crimes Of robbery and burglary as specifically defined
article the ouly crimes intended 10 be adde 10
the List enuS, ated in the original treaty. 1t may be
that there are other crimes equally heinous and equally
or s VII no. the
The treaty yond Its js limits any more tdan would the
henous nature Of the crime Of robbery have authorized lis
before the article Of 1886 was added
proceed then b examine the charge Of forgery aux),
de- Isuhso hsa ssosarss On deposit With The company
that the dosssrs f these shares Of January, 1856, Tex
~ Is IN the handspring Ieuis Gseet ana epcloses the
drawn lines purporng that this bordereau had been
duly entered in the Lvre De Passe while IN truth had
pcnS Of ne same Shares % draw snOshes asSend Or
The ACT facilitate the repetition Of the snd on The sue,
ding Fear. The deposteu Of the MARQUIS Daen, and
Ss IN Dl Sd these shsSs
Of the Marquis dc Leuthac, and had employed broker
named Assoan 90 raise money Spon them by their de-
consider evidence sufficient TO charge Louis Greet
with the making causing 10 be made, these false marks
on the bordereau 70 the Injury or pos'ibe injury Of the
II also Ia proof ha, two do@iers one Of Mr.. Nercer,
x 7s) one sf M. IAugrsus (Ex. ss)-were altered In
DER dnssisr numbers ana in that Of Mr. Msugrane n its
date that they were entered twice the vre zs.
tremen Of Donier-opce under their present numbers,
under other numbers That such alteration wouf
serve 70 oDces 10 shIacon Of cash TO the amount Of
the dvends payable by thebordeau these dossiers
sCs &at Carpenter Yves in situation !, have taken the
money, and that reet and Carpenter fed In such
,Ss.c sSes 70 charge rset w
the alteration Of these two dossers by and
ton of new numbers and OF new date in the Naugrane
The ouerton that remains to be considered on this branch
Of The H. whether the bordereau and dossiers
opinion that they are-under the common i.w, the
matter seems free from doubt; the best treaises
!. vrnss = s s Or serno Of %ssa IN
subjects ! is,ss s.ss g Vol !. Sss q sss,ies
CT. Law. Lit forgery B. I. r. s Of N " vol 2. part
4. Cap Section 9, art section 49, Com VI Aver Cush
Car K Toi~Ames case 2 Green r ssS Carl VS. Chan
dler-Tbatcher's Grim. Cas- 1ss-van Horne vs.. State
AIkh s sIn ~ g.. tS an Pet is 81 ,
yasl should be rsuctantas determine doa6u question
Of foreign in such manner as 70 prevent It's adoda
be aoy and prJery dead the more INERT the point
purely tecffnleI hnd the raie Of the mmou law is
case made out that should feel to be my duty as an
examining magistrate that country, 20 commit the
ana 20 @ %snss s's before @ Snsr oeS M
lex ss, a fE,h Faux IN ''ecriture de commerce" Il
must hf that these papers were the subjects Of the
the opinsop, of the French Juee d'fnstrucuan a
question Of frenGh law rs eDutlsd to great respect If
would be prudent IN 10 treat with consideration
bis Judgment this, point And there is great
cia association m papers incident to The ira racen a liz
busness and the pay ment OF s moneys Commercial
papers But these are not esrtures de commerce. they
would certainly be ecrturea priveesn They fall
within the popular meaning OF those WORDS and
geuuy and research Of the counsel for the defence
succeeded in pointing any section u the Code
which requires thai the words shall be taken in any diff
fereIt or technical sense. 81
conclude then that Louis Greles N properly charged
with the crime OF forgery, and that the evidence shows
reasonable ground OF suspcctng him OF being guilty
crime The crime OF burglary is defined 10 the treaty
We need not therefore, search the books sg
nhcaon; Its essentials named In the treaty, are, ~
breaking () in the night time (3) In the house
(nason habteo) OF another ts) with feonIoas intent
There W eyioence before warrant the Inference
that Srelet with fconious intent, In the night umc en-
tered the ocer 0he railroad company, aud broke open
Or aided in breaking open nore or desk in those
Offices and abstracted shares from tae desk by tbose
means.
The fat that shares have been stolen Is testified 70 by
Nessrs aen and DsIebecgue and coufessed BY Louis
0reetto Asin Tsssbdier andMatthcescn twas proved
that the derk bore marks Il violence ereie admitted
rspdiey and Maussesscn that Guern broken open
the desk and he mad followed him. This method Of steal
ing having bern proved the accused desired estab
means busaen q proving shs devolved On him, and
be has failed 70 forsh such preof The
1 and Grelcs were only suboriinatcs up 70 that date
| and that most II not all, the thehs were committed
prior 70 Thai daies gender fnore certain the inference
that these theu wore committed In the night an undor
4 The cirou above mentioned. a - gov
But there ~ ore esrna OF Toe crime q burglary which
this evttncc fs 10 estabsh, namely that the place
manzion houia (nsIson hsbitee) These oaoes
used BY The cenpsAy sAsly Cor thu snsseaeu OF their
70 wao6s svN M his dwelling 10 any oeher
v-nse thsn snr rnd Shs h been clearly held not V rem
Ss.s i sS q SsHls :Ss
Wharf I'M. o. lav.s osL ,Bs-vlsry, 9, ysusgsus
os~ ksss cd ~ sisys hspe crime DO nct amodnt 70
cused cannr be delivered up whatever might be the
French law on the subject roviso w art Of treaty Of
ls4sJ But inc sane uocuiDs IN regard to Baisen hk-
bnsc seems 70 Ne hold N France. csde Penal, 900
Josrss Dc. pAAa vels psios, No sSs sircy, jan.
Fws ss.s ossay n ~ rp,ps ~ IRE prc-ccusiug yloers
IN f~nce fer ucmandu dsrst, n spccifyisg the Of
fenrcs With which toft Grect n charged, the FOL
loving language lex "a mandAt darret Now 8, 1891
prsvepe, asvc Pare cans c ccurrsnt de has prcstc