The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-08-28

Trans Muller to be Given Up 60 the
British Authorities.
UNITED STATES COMMISSIONERS OFFICE,

\ Doiofe Commissioner Newton.
AUGUST 7-Ihs hearing on the extradition case Of
franz Muller. charged with the murder Of Mr. Thomas
brgss near Hackney, london. the 9th q July last
was resumed this morning before Commissioner Newton
rue British government through It's Consul al this port
Sas represented BY Mr. F. Msrbury; the accused by
his assigned counsel Messs Chauncey shalsr asd
fdmon Bankmau
The examination took place 10 Che United States Dis
trict Court room which throuaed with persons who
svncsd the greatest interest In the proceedings, aud
who anxOusly sought for view OF the accused. The
| latter sat beside his counsel, with unmoved
| tenance and calm den,eanor apparently the most
unnterested and unaffected person the denssy crowd
| cd court.
Mr. BIsDkman sad that the prosecution had closed
their case yesterday having had everything prspara
ton for submitting to the Court. devslved upon him
to make few remarks in urging upon the Court ap
picaton FOR an Adjournment to give the counsel assigned
for the accused an opportunity TO read the tsst
mony, and to agree upon the proper line of defence
There was. however, much 10 urge preparatory enter
Ing upon that stage Of the proceedings The warrant
issued for the apprehension Of Muller forth that on
tho 9th day OF July (Mulle did feloniou,ly,
wifuly and Of malice a'orethought kill and murder one
Thomas Briggs" Of murder had been made out
in accordance with the statutes OF Great Britain and the
law OF this land the duty the Court would certainly
be plain one But &c TO the mind OF the Court this did
not appear to be las IL did not appear him legal evil
the did not come within the treaty of
1912, and there were no grounds whatever for
the apprehension and commitment OF the accused.
II the be OF mansaughter 1t would not
come within that treaty Whatever view might be taken
Of the case. II would be but an net OF simple Justice TO
allow counsel for the defence opportunity to examine
the testimony adducsd against their unfortunate client
He therefore, moved that further hearing az shc case
be adjourned IN order to give counsel time to prepare
| their defence.
Mr. Marbury on the part OF the British government,
opposed the motion for adjournment On the day OF he
prisoners MIR Ieebe had been assigned By the
Court counsel FOR the accused Tint ven'lenan had ac
ceted the task aud had Interview with the prisoner
and Il exrsoed that he Mr. Beebe, would have been
present to defend him the day fixed for the eXa'nna
ton. The dispositions IN the had been hp nded 10
the two able counsel subsequently n consequence Of the
abeece Of Mr. Beebe assigned for the deeroe and those
gentlemen present yesterday when the testimony
Of the witnesses was given This inquiry was \ pre-
ininary The Commissioner setting N the capa-
city an ordinary committing magistrate, not Tor the
| purpose Of determining whether this man was ab-
| somtey guilty or not, but whether there was
sUrcent degree Of suspicion Of crmuaty against him
to justify his commitment for trial eupposng the offence
charged had been committed here Ia other words sup
posing instead or Mr. Briggs having been murdered be-
tween Bow and Hackney he had been murdered heweea
TWENTY seventh and Garlem, uader precisely sm
lar circumstances appear in this the question
then being whe her The evidence that been presented
would Justify The commitment OF the accused for ria N
the ordinary way md according the due ard
| process of law. He (Mr Maroufy) would extremely
dislike to dc authng bearing The appearance Of
desire withhold from the unfortunate man any prvi
| lege right which belonged TO him. bat soemcd to
him that the request made by counsel neA reasona
HE one The whole facts Law within an exceedincly mar
compass and from the reading OF the deposi;,ons.
and from the testimony adduced Yesterday, the general
conclusion arrived at must be that whatever the nlt
mate fate Of the man be- whatever the result Of the
| more formal and legal investigation, enough has
appeared and transpired here to mstify his commit
ment. What fol'owsS He Is committed for rial he il
t, the OF the murder to the place where ne
find and produce witnesses who will state all tho cir
cumstaDces Of excuDation that can be found great
and appalling crime has been committed, and circrm
stances of great weight and moment connected tue nc.
cused with the commission OF that crime. Necessarily
undergo investigation, and 1t s not do
privng tho prisoner Of the right To the ne. and anles.
defence secured to him by the common law OF England
and by the practice OF English Jurisprudence TO commit
him for trial lie did not think anything was fkev TO
arise in the that had heretofore failed present.
itself experienced
the accused this occasion and appeared 10 him that
great Inconvenience and detrens WOULD arise from
| pcsipcnement Of the
Mr. Blankman briefly responded to the remarks OF tho
counsel tor the prosecution urging anew bis notion for
Mr. Chauncey shafer followed for the defence. He
advocated new dcctrine--odvanced no law when
he declared that there nothing in the evidence bo
fore the Court to Justify the commitment OF the accused
on the charge here preferred agsinst him The accused
since arrived on these shores in the ordinary ~
transit When any man thus lands here he s presumed
to be Innocent OF crime. The law throws around
him that shield OF presumptive innocence and he is
u na % ~ M ocason h N
your Honor Is here 70 shield and defend him from any
INA, n % a. sne me no, ns 70
eaessy state at the outset that he did not regard the
treaty under which Il was sought to eStradi'c this
man anything else than violation or the consii-
| tuition OF the United States and utterly imperative.
Blu, why should no, pgmy, 90 forth to meet IN con.
ic the dead champion OF the nation and constitution
Rat he had been overruled lawyer The great
Webster held and ruled, and wrote, and declared that
Wei eod who crossed the Canadian frontier and landed
Sloeser and who murdered puprey and set the steamer
| Caroline nre and then set her afoat that she
down the sublime depths OF old Niagara that he
should be at large Great Britain defended McIeods
justified by the mixed and unsclemn state Of war
that then existed Webster for dischar.ng that
mar after he been arrested the soil Of New York
and Indicted and held for trial o. charge Of murder
But the supreme Court Of this state held him. and no
\ was
Of the Empire State was vindicated and Ezceor IS her
proud title still. Now tho constitution Of the United
| States provides that no shat, be put in por Of
his lie or liberty except upon indictment by 2
Grand ry or men T. nv sn.
claimed by virtue Of treaty between this country and
tcd by him 70 the Senate and ratified by that
body they become part Of the law Of the land, with al
most the binding force as the constitution itself,
the treaty be la violation OF the constitution. He
would not stand there and say that we're better that
the nation should perish than the constitution be vo
lated but he would that would be far Better for
him Individual and for I'll others that this once
proud island and all II contains should be destroyed
ter indeed that this goodiy island should become sand
bank for the storms OF earth and to meet In
aict DIRE; that it should DO . spot Tor sea mons.
! Of the land should be voiatcu directly by
| the treaty .mskng power or any other Power. Now,
man 10 be tried for bis life before be vet indicted In
that the roaty Is IN contravenlon q the constitution
could NOT consttutionaly doput this peril Of
life before Indictment for any offence Is found agans;
Hc did ask the court 70 say That the treaty
was unconstitutional. but he would show concIusvey
that present suspended by the tho British
government itse who seeks here for Us
Tho u much portion Of the heritage OF tie
American people as the broad prarcs OF the West. Be
wculd briefly to tho main point OF bis sument.
II elementary principle recognized by the law OF
nations that state OF war beweeo two nations suspends
the operations OF all treaties But Il may be said that
there IS no war between luis country and England
netber Is there IN their sovereign relations capacity
but there IL notwithstanding. There docs exist
what the eminent Grotiug terms "a mixed and
| upsolepn stale OF war between the two
| tops-besween the subjects of England the
side the sub of the United Staee Represented
10 her the ocean, the other. Tho test rs
easy OF application For instance. The officers who
hero N court 20 day representing their sovereign whs
in OF this man. supposed 70 have his hands rcd
with the blood Of his fellow man, actually afraid
that this supposed murderer would escape Condigu
A nnnix me aAxA IN fnaIsa he