The New York herald., 1867-03-05
THE COURT S .
UNITED STATES COMMISSIONERS COURT.
Alleged Frauds In the Tobacco Trade.
Before Commissioner Osborn.


Alleged Frauds In the Tobacco Trade.
Before Commissioner Osborn.
The further hearing of the case OF Alexander Ross
Co.. tobacconiss of Fulton street. who are charged with
having rendered false and fraudulent returns Of their
sales and manufactures the Collector of Internal Rev
enue, was resumed yesterday.
Mr. Joseph Bell appeared for the government, and Mr.
Charles Donohoe for the defendants.
Nr. Donohoe summed up the case on the part Of the
defendants He contended that although any one men,
Der Of the firm might have made false returns to the
orally could not be held crminay Responsible Tor Inc
act Of member Counsel also urged that II the re-
turns we're signed by different members the most that
could be done would be hold these members liable TO
the charge III tobacco sold than appeared In
the returns i was the act Of Mr. Sharkey
Mr.. Bell, in reply, contended that II the hrm made
false returns to the assessor the presumption that
the whole Of the firm were crminally responsible for
the of member unless the proof on the defence
explain that by OF the absence Of
the other members of the firm, they had not parci.
pated in those acts No evidence had been adduced
before the Commissioner show that the tobacco sold
and returned the outside transaction OF Sharkey
The sales Of the tobacco were the sales Of Alex
ander Ross Co appeared by bills made out in their
name aud paid for in tho money Of that firm
Dir Donohoe said he desired to put In brief, embody
ing the points he had submitted.
The Commissioner assented, and the ad-
journed. s
The Austrian Extrndition Case.
Before Commissioner White
liam Schwartz, who is accused Of having committed
forgery TO the amount of 900 forns Grosswarden,
in Hungary, was resumed yesterday.
Mr.. Larocquc appeared as counsel for the Austrian
government and Mr. A. J. Dienhoefer for the prisoner
The Austrian Consul General, Mr. Charles F. De
Loosely, also present
Mr. nittenhooier handed in to the court the Of
witnesses in Hungary whom he wished to be examined
here on behalf Of the prisoner Letters had gone over
requesting the attendance OF these witnesses and the
prisoner was In expectation that all or some OF them
would, II reasonable adjournment were granted, be in
attendance They necessary to rebnt the evidence
for the prosecution He wished II to so the minutes
that he had made this offer.
The Commissioner said be had already decided that he
could not consent any adjournment such ground
as that If Mr.. Dittenhoeler had any argument TO
address to the court on the facts he would hear him.
Mr. Dittephocer said he not prepared TO offer any
argument to-day. He had not had time TO prepare
Mr. Larocquc submitted that counsel ought TO have
come prepared 10 argue the case.
The Commissioner thought that Mr.. Dittenhofcr was
well prepared to go on with the argument on the
question whether the testimony adduced made sufficient
of probable for the extradon Of the prisoner
Mr. Dtenhocler replied that he wished to ar ne the
case on some points Of Law If time were offered him
He thought he would be able to show that the papers
produced not properly received in evidence, and
hat copies OF the drafts alleged TO have been forged
he forged drafts themselves, ought 10 have been pro-
duced
The Commissioner said IT seemed to him that Mr. Dit.
tenho fer could argue the facts well at
other mc and that the evidence as 70 the charge against
the prisoner seemed TO hun tthe commissioner over
whelmng. And as tho understanding on the last ex
animation that the should be disposed OF to-
day II Mr. Dttenhofer could not produce any Witnesses
he thought counsel ought be prepared to argue IT,
Mr.. Dittenhoeer-rh prisoner thinks that those wit
nesse- necessary tor his deence and " reasonable
time is allowed he believe they will come
The Commssioner-You hive power to compel
them 10 over, and they are in the country whore
they may be Of most to the prisoner II he be extra
dited on this charge
Mr. Dittenhoeer said the evidence IL stood, would
60 that the prisoner had uttered forged raper
that he had forged It. urer treaty with Austria
the prisoner could be exralited Eat charge In
this respect the treaty differed from taat made with
France, Great Britain and Prussia His Ionor, thera-
FORE had juri sdicen TO exradte the prisoner the
ground that he had forged the paper.
Mr.. LarocQue observed there different classes OF
that came under the head Of forgery.
The Commissioner stated that, far he remembered
the evidence there necessity at all for this ad
mcnt.
Mr. Larocque said the evidence showed that two wit
testified in the court IN Hungary that their names,
signed upon Of the drafts torgeres and that
the forgery committed by the prisoner.
Mr. DIticnhoefer contended that there evidence
show that any OF the parties who made the deposi
lions had that the alleged forged papers In
the handwriting Of Adolphe schwartz.
After considerable discussion
The Commissioner said ne was satisfied, from the evi
dence, that there OF probable made out
ticate TO the Secretary VI state tho extradon Of
the prisoner NiE Nfr
Mr Dttcnhoefcr observed that he wodld IL possible
eertorar the proceedings and have them brought up
review.
The examination then brought to close.