The New York herald., 1863-10-13
The Exfraaition Cas~-An Unexpected
Feature.
UNITED STATES COMMISSIONERS couRT.

The Extraaitioa Cas--An Unexpected
FEATURE.
UNITED STATES COMMISSIONERS COURT
Before John A. Osborn, ESQ A
Ocr l0In the matter OF John henne, calling himself
Johi Hodgson.
Mr. Thomas Dunphy was recalled and his cross exami-
nation continued He testified that be had never on any
OCCASION the accused write the name John heune
rat he had never him endorse bill OF exchange
tht be had him writc anythin ou the name
John ,dgson" ana thai Ia could not seciy more than
two or three occasions on which be bad seen him write
at all: be would not positively that the endorse
ment on the bill OF exchange, alleged 70 be fosgery was
In the handwriting OF the accused. ..
Red rG,-IIave you ever seen any writing Of tho a.
cused which he has ackno vedged be hiss A. have
O.. Have you any objection 70 proiucnr w A. have
objection 70 produce letter which have received on
What your belief on the subject Of this endorse
ment being In the handwriting Of the accused. A. NY
FIRST belief that II was his handwriting. Since have
critically examiped the letters thai have been In my pos.
handwriting Of the accused DO not think tha wherea
liberty s In peril would, conscicntiousys be sale
Johu Rand Baisy was recalled and Identified cer
tain books papers and letters found desk in the oco
OF the accused. 10 BuckIesburg, London ..g,s begd
Adjourned till Monday u oneo'clock T. u. fsga-s I
ocr l2hr Maxbury, counss, for the British Consul,
applied 70 the Commissioners for adournmens Of tho
case for six weeks in order 70 enable him 70 procure W.T.
nessss from EngaAd On The question Of haudwrssg Of
the accused He stated that the prosecution had relied
on tho ability Of NJ. Dunphy 10 testify 70 the hanawrt
Ing and that he had done bis direct sxainaton
but that he had, sa.rdsy, In Wow OF the oonss
eaences which bis testimony might have and amer more
critical scIgtin{ And cSmp.son 81 tho fsreed docnsos
which be had drst given the prosecution was ie with
ont sufficient Testimony 20 make out s Such tes
timony could DO procured by bringing witnesses from
England and was for that purpose no moved an a.
Messrs McKeou and EDWARDS sor the accused resisted
the motion oontendng that the prosec tion Was bound
TO be repaired with the necessary evidence DO ore ap
plcaon was made for the extradton Of the accused
that the Commissioner hHd no discretion IN the mat
ter but must if he police justice Or ccnmtng
charged with crime, discharge him from custody az
there pimd fdcie case made out against
him. IT, under these circumstances The prisoLer was
still held In custody the Courts would discharge him on
writ of habeis corpus. .if.l o. 40.
The CommIssIoner n serving his decision and asking
counsel to furnish him vito authorities. questioned hr
John Rund Bailey the English lct0r as 70 tho tes
nony which expected 70 prouce II the case were ad
ourncd lie gave the name OF wm Herd Hodgson, for
mory clerk and traveller 70 tho accused as one who
would testify both 70 the forgery and the uterance
forged pser. The curious circumstances tbont this W.T.
that the accused Is said not only to have eoped
with Hodgsons wife, but also 70 have assumed his name
on coming TO this country. Mr.. Bailey mentioned other
Arat the forgery but ono circumstance 10 great
scheme OF swndng concoo cd and carried out In Eng
land to tho extent Of and 10 which were involved
persons whose he woad not now In regard 70 the
ends OF justice, mako public. ol p ~ q. ~. !
Tho Commissioner required counsel 70 furnsh him also
sary extradton that there should be proof OF
proceedings havug been taken Against the accused In me
country whore the crime was committed.
J Adjourned tii Wednesday. 81 one O'Clock T. NIL