New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-27
LAW NTELLIGKNCK
THE FRENCH ExTRADITION CASE.
oARROTINa IN COURT.

day. In the course Of II be stated TIA. he bad dis
patched certain papers rels.rg 70 the case to n Ser.
uges the FRENCH Minister q. W sshingtOa, which had
.ince teen rsthed, accompanied BY comm anic ssoo
Mr. Joschimssen was about to show the witoess
p'per for the purpose Of Identification. shea Ne.
Busted requested to lock at 6rst ARR siancns ct
This Is very rich paper, Mr.. Comnesioper and
trust you Will excuse Us ii We look st IL fos some
time"
MI FOgery-Thank God. i. is . rare Document n
The paper was presently handed back, when the wit
ness said that It not the letter which with
the papers 10 question but referred to former war.
rant OF the President, which WA sent back to Wash
ingtOn.
Mr. Busted coolly approached the witness took
The paper and was returning with II TO the table when
Mr.. Joachmsssn, who began to smell q rat, addressed
him: Say, say; where are you going with that
psperf
Mr. Bustsed-I am not through with il yet.
The Coumssiouer-Ths document should rightfury
be in the procession Of the District Attorney, and 1t
for him cay whether it shs into the hands Of the
Mr.. Busteed passing it to Messrs. Fosertz& Split
horn, who commenced copying ti-lt u inour pos
session now.
Mr. Busteed-We shall see about that
The Commissioned shall not allow papers to DO
taken in this way.
MI. Busteed-Do you intend to sdjudica,s this
question
The Commissiouer-I must adIudicats il 90 far a. to
see that order is not violated
Mr.. Joachimssen-Thst paper is an official comma.
nioa,on TO the Conditioned Of France N. dc Mod'
papers This being the fact, we think they not
titled TO read II, and must return 1t.
Mr. Bustt ed-How do you propose to get 1T
Mr.. Joachimssen-I ask you to return 1t.
Mr. Busteed-For the present, shall not return It.
Mr.. McKeOn-WW you not, a. . gentleman, return
it,
Mr. Bu.teed-I am here, Sir, only q 9 lawyer.
Mr.. McKeon-Thatpsper got into your possession -
q gentleman, and not US q lawyer
Mr.. Bust.ed-Nr. Commissioner, in behalf OF my
client and my associates, state TO you tha. this paper
contains important testimony in relation to the rights OF
these accused; and IN our Judgment
Dir. Joachmssen (interruptinSl-I appreheud that
the dscvseon OF this sui ect Is entirely out of order
Mr. Busteed-In view, then, OF the facts 1 nave
stated ask you, Mr. Commissioner under the author
ity You have in this case whether you WIZ retain tue
nay be ufed II mean tie paper l hold nov In my
haLd and be referred to by the counsel for - 20
cpsed if they choose to pat It in proof tho Com
uis.oI er will DO that, will promptly hand it bsk to
tie Dist ict- Attorney.
The Commissioned That paper has never been 10
evidence before me-, and, as Commissions, have no
power or control over ~ IL was presented BY the
ion, and they offered it merely for idsntidcs-
ton You wished to lock at it to SO II there WAS aoy
objection to it, introduction. II then handed "
the witness, who failed to identity II.
Mr.. Buased-rhen you refuse to take that couue1
The Commissioners that account, do. 1 nave
10 authority.
Sir. Bust.ed--Then refuse to give It to them
Mr. Tiiou-Tbat paper 1 understand to DO the prop
er:y of the Consul General Of Ffsnce wss osoaga!
here in good faith, and under belief that al parties
would be protected in their rights.
Mr. Bustsed-I sm much disposed TO believe that II
was brought here IN very bad faith. ,
Mr. FoSerty-lf il was brought in good faith, the
gentleman ought to give Us any Incidental beneot tns'
na ont ed d IL.
Mr.. fllou-At u. proper tOne and place. YOU WI ~
all you are entitled 70 see but I'M. psPs. .ns
We contend for the possession OF It
M Busted will il to you amer the case
Mr. Joachims.en-We can't be exposed thus 10 ~.
ing our pagers st, len, if your Honor pleases.
Mr.. Busteed-What is thai. Sirf
Mr.. JoachInss nj say that the act 10 nothing else
than the stealing of our papers,
Mr.. Busted walking up TO MIR. Jos 'himsssn N a
threats ming manner)-Whsts that Si.1
Mr.. Misunderstanding SIR.
Mr.. Bust ed-By whom
Mr.. Joacbimssen-By thcGe who do such things, SIR.
Commissioner Order, gsntlemen; cannot allow
such pyocetdngs order
Alece,saIy Eatus exists at this point in report
in conaequence Of the confusion which prevailed for
two or thresninues-the greatest excitement prevail
ing through the court room, which was growing more
AID more crowded with persons drawn In BY tue
hubbub.
The Con missioner after order had been parts
restored Il hold that the paper rshfaly belongs to
the District Attorney, and that Mr.. Bstesd holds poe
session OF il Improperly and be declines to sub mt to
my ruling.
Mr.. Mckeon-And thn CouH poweless IN INC
matter
The Comm ssioner--That Il a matter 70 BE- decided
Mr.. Busteed-In the first place the ConmisSioner
asserts that his pepper u not before hi0 henoe, In
ruling that it "a not in hh power
The COMMUNICABLE Commissioner has power
when q PAPER - handed the counsel 70 b looked At
Mir. Bustesc-n the Commissioner asserts thss be
has no jurisdiction this paper, the only object OF
the prosecution being for the purpose OF identification
the, nothing can be cleerer than that the Commissioner
hxs right at au in the matter OF me paper ana VI
respect OF its custody.
lie Corumi,sioner-Hs must have the right to de-
tsrn,ns whether paper can be retained Po.sessoa Of
in q manner contrary 70 go,d oIdef ana proper pro-
ceedipg-spd so have held Inere = nothing nov
before the Comu,issioner-Ie ia proceed
Mr.. hcKeon-I suppose you viii have 10 sd}oufn
hs Court TO report there facts TO- higher and get IN
ssructions from the Judge a. 70 what course you will
take in this matter.
Mr.. McKeon proceeded - mako statement Of the
ease which was before the Commissioner and to aoj-
nsdvert quite severely upon the conduct Of the pr'
While NJ, McReon Wa speaking, the copyir was
quietly at work. be took hn. seat, observing this
tses Es usbed toward The table where wa gong on
Looked Ehs sght. Mr.. hcKeon presently, however,
returned 70 biz ssa' and the copying vsns 'or~1o
sgAu. ~.
lie ven. back IN few minutes u company With M.
Aor-osk, saying that II he couldn't go bod OF The
payer Be would It east prevent the taking Of copy
kr. Townsend ssked Tia. the CocamhsNnsr keep The
gentlemen who represented the Government on their
own pound, and prevent them rom mixing them
selves Up With the prisoner counseL"
The Commissioner replied, that # he had any power
IN the premises, he ihouId certainly compel M.
Busesd 70 rs.uIn tee paper which be bad wroogfuily
ar McEsos, ate, speaking to Deputy Marshal
Neyirs, returned TO his desk, Iesvng Mr. Aorosn a.