The New York herald., 1863-10-13
The Extradition Cas--An Unexpected
Feature.

The Extraditioa Cas--An Unexpected
Feature.
UNITED STATES COMMISSIONERS CoUKr.
Before John A. Osborn, Esq.
Ocr l0In the matter OF John Menne calling himself
Johl Hodgson.
MIR. 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 henne
ta he had him endorse any bill OF exchange
that be had him wrtc anything but the name
two or three occasions on which be had him write
at all: no would not swear positively that ne endorse
ment on the bill OF exchange alleged 70 be forgery was
Red d,t-Have You ever seeu any writing Of the a.
cused which he has ackno sledged 10 be hsf A. have
Have you any objection 70 producine w a, nave w
@ what your belief on the subject Of this endorse
FIRST belief that II his hsndwriiug. Since have
critically exaued the letters that have been In my POS
session. and other documents which beeve 70 be In the
hsndwritng of the accused do not think thai wherea
man. liberty is Ia peril, would consconously, be safe
ip saying that Il was his handwriting. ~, go. Il
tain books pape and letters found In desk in the oco
OF the accused, 16 Bucklesburg, London. s hgc,
Adjourned till Monday at oneo'cock P. N. f3g.,-a1
oor l2-hr. MArbury counsel for che British Consul,
applied 70 the Commissioner for adjournment Of tho
case for six weeks in order 70 enable him procure W.T.
nessss from England On Tie question Of handwrltisg Of
tno hCCuSc0s utateu Suos so0 us0
on tho ability Of NJ Dunphy TO testify 70 the handwrit
Ing and that he had done bis direct sxanation
but that he had sa.urday In Wow or the oonss
auences which bic testimony might have, and amer moro
critical ecrytiny tnd t6mparsor Of the forged document
which be had nrst given, the prosecution was ieft with
ont sufficient testimony 70 make out s case. Such tes
tnouy could DO procured by bringing witnesses from
England. and 1t was for that purpose he moved an ad-
Messrs McKeon ana EDWARDS sor the accused resisted
the motion, coutending that the prosecution was bound
10 be repaired with the necessary evidence bo ap
plicaton made for the extadtion Of the accused
and that the Commissioner had no discretion IN the mat
ter but must II he police Justice Or committing
charged with crime, discharge him from custody. az
there not even pimd facie case made out against
him. II, under these circumstances. the prsoler was
still held in custody the Courts would discharge him on
writ of habe,s corpus. n,ff,l 49,.
The Commissioner serving his decision. and asking
counsel TO furnish him with authorities. questioned Dir
John Rnnd Bailey the English oitor, 70 tho tes
nony which he expected 70 pro uce tho case wore ad
iourncd. lie gave the OF VIM. Herd HodRson, for
mery clerk and traveller TO tho accused as one who
forged paer The curious circumstances abof this Wit
ness s that the accused 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
irat the forgery but ono circumstance in great
scheme OF swndng concoo cd and carried out In Eng
land to tho extent f20O 900 and n which involved
persons he would not In regard 70 the
ends Of justice, mako public. ol b7-.4 o. 9.t ~.
The Commissonor required counsel 70 furnsh him also
with authorities tho question Of wheher Il ueoes
sary extradtion that there should be proof OF
havug been taken against the accused In the
country where the crime was commtted.H
81 Adjourned till Wednesday. a. ono O'Clock +. h.efa