The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-09
The Law OF Exeraditlon.
TIE CASE OF GEORGE ausTAgP, CHARGED WITH
MURDEROUg INTENT.

Im0 Inv OF HxUro0hssO1s
TIE CASE OF GEORGE 0usrAFF, oHARdhD WITH
MURDERoUs INTxNT.
Yesterday. In the United States Court, Commissioner
Osborn delivered his opinion In reference to the extra
dition Of George Gusta under the provisions OF the
treaty between the United States and England Gustav
was charged with assault and with intent TO commit
murder. Tho following the principal points OF tho
Commissioners decfsion:-
The accused arrested upon the complaint and re-
under and by virtue Of the treaty stipulation between
the United States and Great Britain mado the 9th day
Of August, 1872, and the act Of Congress approved
ander McKlnnon that one Davis aud George GUSTAV ttho
defendanp did, on the Sd OF October 1902 admins
s sr 90 or sad n oa,sa to kin
him, by causing him to drink ale beer from
glass in which this poisonous drug was placed. In
consequence Of said McKnnon suspicious or disste OF
the liquid only small quantity taken into his sys-
em thereby producing serious symptoms OF faa ehects
sS S es Tna or death wIS
would undoubtedly have occurred had he drank the
measured quantity intended by the perpetrators the
documentary proof offered in evidence, together with
McNabb's testimony, goes to show that Davis s now IN
custody In Canada, where bill Of indictment has been
preferred against him and the accused The evidence is
wholly circumsantial to the poison being put In the
beer by the accused or his confederate aud II any ny
chain OF circumstances connecting the feonous act WIN
the accused In thor character suspicious, and when
carry with them almost conviction OF guilt that have
TO be guided In determining the question OF probable
cause which is my sole province in this matter OF nu.
tual interest to the respective governments IL seems
that the accused short time previous TO the offence
charged, in the employ OF McKinnon, peddlng BOOKS
that he knew where McKnuon kept his money; that ne
afterwards represented himself In Toronto to be DOCTOR
formed an intimacy with Davis were associated together
were seen frequently together carried on practice OF
known as Doctors Davis and Gusta had frequently been
in Brunette drug store in Toronto; went IN there to-
geher 10 the afternoon OF the Sd OF October last Uhe
day that McKiunon Is alleged 10 have been poisoned)
and drachm OF hydrocyanc acid lSchecles' was nur
chased by Gustad and almost Immediately AFTER ihey
went 10 McKinpous bookstore and offered ton dollar
bill In payment Cor trfing articles purchased saw nc.
Knnon open the safe and take out about two hundred
dollars In money and after few words OF
between them and McKinnon Gusta went out and came
back with bottle OF ale and glass asked McKnnon 10
drink McKnnon drank and soon became seriously sick,
having all the Indications OF beng poisoned as testified
10 by the medical witness and from the descriptions Of
poisonous effects produced by prussIc acid, and
the sudden disappearance OF GusiaH and Davis
the flight OF the accused TO New York. leaving behind
by the police here and his confessions All such facts
point TO the accused being one OF these two men
who gave Mcknnon the poisoned beer and had resoried
10 that method OF taking his life II Is unnecessary TO
dwell longer on facts and circumstances which In my
Judgment clearly mpcale the accused with the arocoua
act. and upon the evidence laid before | am bounl
70 hod him for trial at the place where the offence
charged, was committed II Is clear TO my mnd that
II AcKfnnon had drank all the beer In the glass, as II
was expected he would by the giye death would almost
instantly have ensued and the law presGmes his nten
ton by the means employed
After adyerting to the legal aspects OF this
case, and TO the points raised by counsel for the
prisoner, who bad urged that no malicious intention wa
proved, Commissioner Osborn held that malice WA
proved by intention and concluded by sayng:The only
plea OF defence Is the question Of awupon the fact
no defence has been offered. With mute and specifics
lips and thoughts Expressed the accused appears
the Investigation while his counsel essays the
the task OF colorng the evidence OF the prosecution will
the tinge of innocence and using the powers Of argu
men 10 break down the barriers OF the law feel ds
posed 70 certify these proceedings TO the Secretary
state at Washington TO await the action Of the ioregr