The New York herald., 1864-12-10
THE pRuss1AN ExrRADn1oH CASE.

THE PRUSSIAN EXTRADNION CASE.
United states Com n tssioner's Court.
Before Commissioners White
The hearing tue matter Of the application OF The
Prussisn Consul General for the extradittcn Of Ernst
Guldeufus alias Lods Gsrud, alleged fugitive from
Prussia formally opened In the United States Circuit
Court room yesterday, before United States Commis
sisner White Il wrs found necessary TO transfer the
hearing from she Commissioner's 0nice 10 the hrgs
court room Ia order to accommodate the nUmbers wbo
nid ssse sensed % 1tness The prcceednga The Consul
Gensrsi Nr. Schmidt, was present and examned reIa
Ave mis- recsp, under the oal seal OF the foreign
department OF his governent the various documents
and dSposons coOuected with The preliminary
ings taken IN rrassia against the accused. a
was raised by Mr. Dten hotter counsel 70 The accused
The hearing OF the sppicason on the ground that
Prussia the treaty 1852 between the two couotres
having terminated by the eniuxion OF tiVs. Counsel
q the high con.rscing parties to oOmpu.h ,s pro-
visions sos ACT Of treaty expired on tne lse day Of
the atsr,on Of The trainers Of The scs might have been
It's language was pain and explicit, and other
structcn could b poesby put 30 but that which hs
contended fOrthas the act OF treaty had expired the
lsi day Of Jsnaay 1885, asd that the present
sms no such treaty existed between the United States
The objecsion OF ths learned counsel was everrued
The commissioass holding that tee ex,radon treaty Of
M Lspaagh, counsel for shs Prusslan government,
70 state the case on whh the application
comsssd Il. crime sSrsog % q biis fss x
and il every Instance ''f g ss
s~sssyoss Bills Wa forged. Win lie r mere ssas
surs 70 .hsm that q the accused. Ens: Guidsnfuss
Amercao currency negotiated BY tAe house Of Bern
stein Son. o. Halle Or sh: ssae 10 addition % this
different parts q Prussia, which ne negotiated :. LsD
sic with certain institution there known the German
General Credit Institution. He had thus BY forged bills
Of exchsnss negosiated some $ooooo and the govern
m representative here 10 demand the extradton Of the
cuprN Nv. LApaugh then handed 70 the Court the Ex
on the Application q Baron Won csrod prus.sS xm
bassador at Warrington. ftVs ati93 X fH
nsp offered X. q sas ~
ict Court .. Halle. The original documents authen
tcated BY the American Minister at Prussia. under the
Mr. Robert b. Holiness associated with Mr. Dttsnhonsr
in tho defence claimed that the authorization Of the
trbuna 10 which the proceedings had taken place, aDd
whether u had Jurisdiction or not. TO this extent
sides insufficient and not broad sxpcit enough
to accomplish s object and were thus useless far
b some certificate to tie sec. that the tribunals from
which these documents, warrants and depostions ema-
crea nIa ~ :. sne "' o.
predication without basis. The certificate set forth
that these copies Of deposous and are pro.
pery and Iegitimately authenticated 70 enttls
them 70 be received for the purpose BY the ibu.
mails OF Prussia What the same purpose 10 not SET
forth, and therefore the certificate insufficient and
those papers not authenticated entle them
10 be received here for any purpose.
the language Of the statute the act Of Congress-
ing to this matter had been made with view avoid
mnissraton Of justice with regard to men escaping nom
iorsn countries and taking up their abode here And
Mae wn perfect o. u:
cases.
Mr.. Ditsenborer eontsndsd that II mus. appear what
the purpose for which these papers bs
In the case OF Franz Muller Mr. Adams, Minister at
London certified that the deposituns taken before
police maglsirats and having jurisdiction 10 the mAttsr
The mistake the American Minister Il Berlin makes ID
that ne bIindy copies the language Of the statute Ho
was bound 70 show in his authentcation that these
papers were to b used In Prussia for the purpose
dencs TO show that these proceedings ever emassted
from any court existing under the laws Of Prussia,
How S S sAd heos
were set foot BY parties anxious hound down this
man Gudsnfuss and in sha. sxtradtiCn casss the su
0f party ough not TO DO accepted dead certainty
by courts and counsel, a. was 700 often the cassp All
The safeguards Of ths law should Be thi6wn around
has chosen Tor his SoaAs. 'o'A ''' S'1A"' -
NJ. IApaugh-Tbe ssntiemaa has gr.tinsa nimssI "
sy,radtng shis man whom The law claims 40 having
committed grave offences 10 his native country, from
ea sss III. ! n.s an sss ): s.:s
States directs that on The depos.lons against fugitive
being certified By the Minister Of the United States
b. shall b. given Up, and those papers shs Be admitted
eydenos The learned counsel argued thai the papers
used ~ al n Prussia but had they allowed me % proc.sd
order, would read those papers for them, and they
would then %: that they DO set forth the purpose for
The Commissioner overruled the objections Of coun.
Mr. Iapaueh then read the warrant FOR the arrest Of
Guldeniuss for forgery Of twep.y,one bills Of
hessrs bernstein SON. Of Halle and forseres on the
ing been admitted by his own ntter to those bankers
The warrant, which contains photographs Of Guldeu-
me depostions Of various parties Germany also
read Witnesses then called
nrss examined He testified to receiving the papers in
this with bis dispatches from the Post Office under
sSs 81 % spn
stein identified by the witness a. having been
among the papers received BY him.
Cross exAInined-First the accused In court TO-
dsy; does not know his Handwriting the facts sworn 10
BY him before Judge Nelson and on which tho warrant
personal knowledge, but on information received BY him
from his government
with him in the Hansa from Bremer he went BY ~she
name Of Gudenfuss On board; was introduced 10 hrs
ES s .,sy dav for ~o
received letter from him, bus had no other knowledge
Of hs handwriting than from that letter. never cav him
wrns
Nrapsusn offered ire letter 10 evidence. but the do.
fendant's counsel oDjectsd
The comm,ss sustained shc objection Mr. Lapaugh
then said he would the case here rcserving The
right call other should he deem that course
necessary.
The court then adjourned 70 Tuesday next, Al eleven
A. NJ
MARRIAGES AND DEATHS.
--~-~~>e~>~>-~~~~~~~~
married.