The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-04

Send tho Prisoner Before the Un1teo
States Commissioner, 30.
United States Commissioner Newton had before him
yesterday the case Of Carl Noeite, Who was appre
hended in this city charged with having embezzed sixty
thousand thaers the properly Of Meyer Co., bankers
Berlin, Prussia, in whose employment he had
been acting a. cashier. The full particulars o.
this case, so far as they had then transpred
were published exclusively in the HERALD o.
Thursday. Since then the Marshal ordered
under the warrant Of Commissioner Newton issued pur
the treaty. TO have the prisoner produced before
him at one O'Clock yesterday. At that hour the Marshal
appeared and made return the back OF the warrant
Sheriff Of the city and county Of New York previous to
the issue Of Commissioner Newt0n's warrant and still re-
manned in his custody The Sheriff refuses under tne
brought before the United States Commissioner for
animation The return is dated February 3. 1865, and
gned Robert Murray United States Marshal. No coun
81 appeared for the prisoner who was not produced
COMPLAINT AND REoUIsIrIoN OF BARON Won
GRABOw PRUssIAN CONSUL GENERAL.
Mr. h D Lapaush, who appeared as counsel for IN.
requison Of Baron Won Grabow, Prussian Consul Gen
eral:-
United State Of An.s,sea-ses 0s.y ard County o. N.
Guido Won Graeow, Acting Consul General for Prussia
an q G s a., Ans
Sf New York sforssadi that Carl SOse, Berlin III
= does hereby S
NOee Win having comntted the 1862 within
S the and
s'pssa ds %ss assR the sss
nd also the of
guilty Or various emOe1alemsnts. and thef.s a!
s : tsss
ssld forged paper. herein before !. abo1;
e crimes and Offences herein before mentioned
laws of Kingdom by imprisonment in the State
prison. ana provided for BY the treaty
to annexed marked in red ink, copy Of exempasd
the CARR Soese SINCE the the
Sy authority Of The lnsaon this complaint
Soss' sSs. may II:
the United STATES with said Pra such case m made and
the and the acts
OF Congress in such case made and RFSSds
Attached TO this document Is the jurat of Commits
soner Newton who certifes that the requisition Of
Baron Won Grabow was sworn before him on the I'd inst
THE WARRANT FROM THE PRUssIAN COURTS.
The following the warrant from the Prussian courts
authorizing tho arrest Of Noete 1t Is curiosity in It's
way in so far as 1t shows the number of departments it
had to pass through for and authent
cation
In the name Of the Of arrest Of the Royal
OF Prosecution Commission
Court commands the booiEsspsr and cashier Carl
e: ssass
Ss ~ y valid piece
Royal City Court Depsrtment for Prosecution Matters
Won Muller, is hereby authenticated. 80
Royal Chamber sr Court sS Iseal] Won sTREMPFF.
e the 9y: q A.
ciiior of Justice here. Is hereby 4 authenticated.
's'Al4 the Minister Is e. q al Justice
The Minister Of Foreign iHssirs By o;Ss! ow
The Prfvy Councillor Of Legation.
BERLIN, Jan. IL, 1866
Mr. IApaugh on tho part Of the Prussan government,
submitted that the return insufficient; that under
article and subdivision OF the constitution IL pro-
vded that the law Of the United States and all treaties
made under the authority Of tho United States shall be
the supreme law Of the land State legislation con-
trary notwithstanding Under this Il WAS claimed that
the local authorities OF the State or Of the city Of Now
York could not obstruct by any statute local process
the execution Of the United States warrant requiring
production of the prisoner under the treaties and the
OF Congress- Mr. Iapaugh therefore insisted the pro-
duction OF the prisoner.
Commissioner Newton said the position OF the case
WOW e ne p
the production OF the prisoner before him In pursuance Of
the treaty He had no power to enforce the execution
recommit the warrant TO the United States Marshal
curing the production Of tho prisoner Thursday next
at twelve o'clock.
Mr. Iapaugh hoped that in the meantime the Sheriff,
upon further reflection and consideration would be ad-
vscd of the poprcy OF producing the prisoner at that
time.
The case accordingly stands adjourned till Thursday
next
Nocite II seems and three Of those who are charged
along with him. have each commenced actions against
Mr. Lapangh for 900 for alleged false When
this became known To Mr. Leopold Schmidt the Prus-
hA oAlafAf
half Of his government prepared TO bail Mr. LApaugh
II 10 understood that his Exceency Baron Gerote,
bis attention o.sa % these ssa S,s and on
Of his government Is active In the matter.
Decisions I'm the Supreme Court-General
Term.
Before Judges G. Barnard r. j. Clcrke and Ingraham
FEa 3-Jobn W. schuls VS. Rachel A. Addison
Judgment modified according TO opinion without costs
Judges Ipgraham, Barnard and Clerke Opinion by
Judge Barnard.
William Baldwin ct al the Mayor of New York. -
Judges Ingraham, Clerke and welles Order appealed
from, affirmed with costs. JUDGE wclcs Dissenting
Ednc j. Genet va Gerard A. Beekman-Judgme at.
hrmed, with costs. Opinion by Judge Leonard
Victor b. Depierrs vs. James =. Pet,us ct al-Judg.
ing in or carrying ON the business aud the other de
PENDANTS from carrying on such business with him, and
wardens and vestry Of st. James church va Rectors
&c, Church Of the ACKNOWLEDGEMENT afirmed with
costs. Opinion by Judge Leonard
The Artisans Bank vs. Charles c. Bsckus-Judpment
affirmed, with costs. Judge Ingrahsm dissentinr
Opinions by all the Judges
In the msttor Of the application Of Mortimer 1vnrs.
ton and others for the removal of n Brdsa
Order In each affirmed with ten dollars costs Judge
Ingraham dissenting Opinion by Judge Clerke.
Frederick Ia Hanks va James N Drake ., al-De-
cided
James Brodhcad vs Samuel Ten Eyck-ordcr sfnrmed.
with ten dollars costa Opinion by Judge fnrraham
Growers National Bank W. George A Clayke-Order
affirmed, but amount reduced 20 $40 600
Andrew Lawrence Abraham X T.. Merton and
othersDecrce Of Surrogate reversed and RENTED
70 Surrogate with directions admit the will 20 probate
Opinion by Judge fngrahsm
Charles Ward va John >. Benson--Judgment affirm
ed. with costs Opinion by Judge Clerke
The East River Bank g. 7. Butterworth ct al
Judgment reversed and trial ordered Costs 10 abide
event.
Alexander Bennett VI. A. r. Brig9s-Judxment re-
versed and new trial ordered Costs 70 abide event