New-York tribune., 1867-06-14
CIVIL COURTS.
UNITED STATES CIRCUIT COURT - Before Judge
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UNITED STATES CIRCUIT COURT - Before Judge
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MIsSioSSk WHITE AFFIRMED -ISP0RTANT suGGEs
rRocskDSa FSSs 81 sUTsn II RxrEADiTloS JUSTICE
srp.r,s Philip Heinrich an alleged Fugitive from Justice.
On the ith day of December 1865. the President OF
the United States upon the appcatonof the Baron Won
Gerolt accredited to this Envoy Exraor
dnary and Minister Plcnipoentary of Prussia, issued
sts s the@ to cause the arrest Of Philip
Heinrich an alleged fugitive from Prussia charged with
the crime forgery that the evidence OF his crminaty
might be heard and considered, and deemed sufficient
the charge, that the same might be certified.
taPy OF state order that warrant might for the
surrender OF the fugitive under the spuatlons OF the
other States OF the Germanic Confederation entered into
June 49, 1867 On the l2th OF December 1866 the Hon
Guido Won Grabow, Acting Consul General OF tAe King
dom OF Prussia for the United States duly made com:
plant before Kenneth g. White ESQ., Sommissonsr OF
York, ono oi the ma, magistrates properly dssS, %
tive and praying for warrant OF arrest that he might
be surrrehdered the authorities OF Prussia
This application To the Commissioner was accompanied
rs of Prussia. duly authenticated and certified at Ber
lin by the Minister Of the United states ior that couy
the day dec H. lb0O), inc non ohInuci oison
ono Of the Justices Of the Supreme Court OF the united
States presiding Judge Of the Circuit court Tor
the Southern District o New York, on proper appncaton
being made TO him. issued his warrant directed TO the
Marshas OF the United States In District or 70 any
TO arrest Heinrich forthwith aud bring him before said
Justice or Commissioner White Mt the City OF Newfork
or somo other magistrate that the evidence OF the erin
inay OF said Heinrich might be heard ana considered
pursuant the treaty stpuatons referred TO- and the
acts of Congress In such made and provided Thls
warrant was placed the hands Of Robert Murray esq
Marshal OF the United States for the Southern District OF
NewYork who on the ltth Of December, 1866 duly de-
puted r. Trigolte to execute the same Under and by
Virtue of this warrant Heinrich was arrested and ON
the 3oth day OF March, 1867, brought before CON-
missioner White, ut the City OF New-York, for exam
inaton. This examination took place from time 70
time under regular cOntnuances and terminated on the
2pth day OF April. 1867, when, after hearing the evil
denoe the counsel for the Prnssan Government and
the OF the prisoner the Commissioner adjudgcd
and committed Heinrich to tho custody Of the Marshal
10 be kep In custody till he should be surrendered by the
executive authority Of the United States under the
visions OF the treaty At this stage OF the case an app
cation was made tO this Court for writ OF habeas
corpus produce Heinrich In court The object OF this
writ stated to be 70 procure revson by this Court
OF tho whole proceedings OF the caso including the fna
Judgment Of the Commissioner. BY an arrangement OF
the counsel both Of Prussia and tho prisoner the ques
ton whether this Court had tho to revise the udg
mept OF COMMISSIONS In case OF extradtion was fully
argued IL was held after consultation with Mr. Justice
Nelson that such power and on the 2d of May 1857
a writ OF habeas corpus Issued 10 the Marshal to
bring tho body OF Heinrich before this Cour aud writ