The New York herald., 1867-02-28
THE COURT S
ysI1sp STATES commssIoHfa's COURT

uHlitb Stglts LuMMOSuntns sos"'
The Austrian Extradifioa Case : Charge
Against Adoiphe William scnwarss-can
Dispositions Against a Prisoner be Read In
Before Commiss oner White
VIE case az Adophe William Schwartz who Is charged
with having committed forgeres Of bills Of exchange 70
rhe amount Of 100 forms al Grosswarden, in Hun
gary was called Yesterday at quarter to two O'Clock
before Commissioner White.
Mr. Iarocque appeared counsel for the Austrian
government, and Mr. Dntenhoefer for the prisoner.
Kr Charles f. de Loosely, Austrian Consul General,
was also present with Mr. julius Won Griony the Hun
ssan lawyer who has come over to identify the pris-
hr Iarocque said he that the prisoner had not
been brought down 70 the court to-day He understood
his Honor had had some with the physician
who had seen schwartz in Jail
rho Commissioner asked hr. Dittenhoefer IL he would
siIii object 10 going without the prisoner.
Mr. D,lienhoefer said he must do so.
Mr. Iarocque remarked that he would ask the Court
20 60 on with or without the prisoner
The Commissioner said that II this were case In
which witnesses were TO be examined against the
prisoner undoubtedly the prisoner should be present.
but as that not So might not be necessary TO have
Mr.. Iarocque replied that he had seen the physician
who attended the prisoner, and he believed from what
ihe physician stated Schwartz was quite well he
iblr Larocque) was on many days that he had TO 60
Mr.. Duenhoefer, in reply to q remark that tho
prisoner had been treated with tenderness by the
such ,suderness' He r Dilicnhoefer) was instructed
20 avail himself OF any technical objection that the law
afforded IN favor Of the accused.
Mr. IArocque-A sum Of money was voluntarily given
q the prisoner Instructions had been given to the
Marshal TO treat schwartz a. enenty as possible COM
pa,ibe with his safe keeping. And finally offer
made TO him that u he endorsed the check that he
brought TO banker here sum would be given him out
Of the proceeds. But he would not do that
Mr. Dittenhoefer--And the Austrian government
would keep the balance.
charges OF want OF Tenderness 10 the prisoner
Haade but there was no foundation Tor such charges
He he Commissioner did not want 10 try this case on
public opinion what appeared in the newspapers
Mr. Dittenhoefer-Nor do elthor; but repeat there
hse not been fair treatment shown tho prisoner.
The Commlssoner-lt will be better drop this dis
and let on with the reading Of the papers
br MCLEOD was called on tho stand He sad-I have
ssen the prisoner in al he is suffering from slight con-
was up yesterday and looked we'll he is in bed to-day
and complains OF being heavy; he is not worse than
many 81 as are who ma have 20 70 an ABOUT out our business
came to-day cut OF his CELL
To MT Dueuhoefer-I would prefer that the prisoner
should for day os two not out and be left
sn my care.
Mr. Iarocque said that he moved to so on in the
absence Of the prisoner HIS presence not at all
needed Counsel quoted authorities this point.
The COMMISSIONER action in this matter could not be
subject TO review the Supreme Court OF the United
htates and therefore necessary have the
prisoner present.
MIR. DitIenhoefer took the opposite view. and repud
ated the idea that man to be sent back to
Corge IA foreign country ON &c pore testimony taken
The constitution gave the right prisoner 10 be
present ct the inquiry.
Tho Commissioner he would send for the prisoner
and have him down here, IL he was not than what
had been stated by the physician No right Of the prs
enef put in jeopardy by Mr. Dittenhoefer consent
ng TO the reading or the rest Of the dispositions in his
absence.
Mr. Dittenhoefer was willing 10 adjourn The case for
Day two, and then, II his client better, he
would 20 on without him. But he could not now pro.
ceed without the prisoner being present He Was acting
nndeT insructions. These adj0urnmens favor
70 hn personally. On the contrary they injury
- rim, as he Obliged to come hers from day 10 day
md Aaultn0 catctn
eOmpensaton therefor He was simply oischSrging 4
professional duty in professionally Attending 10
The Commissioner ordered an officer TO take car.
rage proceed TO the prison. and bring down the
n the meantime he would adjourn the court for half an
AZ twenty minutes after three O'Clock the prisoner
reading Of the dspositions Ameng these were
We dePosisions OF lgnatz schwartz, samuel JaKob
have already reported IN the HsRarn. '
Mr. Dittenhoefer having come into court, Commits
soner White said that he could consult with his client
n schwartz nnwen he might return the prison,
and the reading Of the dispositions could proceed in hs
aksepce.
Mr. D,tenhoe,er-As your Honor and the Austrian
government have taken the responsibility OF bringing
he prisoner here he must now remain
The Commissioner do not think you onght 10 mako
that remark.
Mr. Larocque-There Is certainly compulsion on
The commissioner--yo need not discuss that 60 on
vjib the reading Of the depositions
Nj. Iarocque did So He read the deposition OF JOHNS
Cohen, who had accompanied tho prisoner from Cross
vaJien to Bremen. From the deposition ~ appeared |
that schwartz had Cohen that an
fortunate peor that he had forged bills to the amount
" 100 900 orns and that be had conceived the idea of
going 10 America, OF shooting himself, he always |
carried dangerous weapons his person The dero-
slton Of D. b. Schwartz brother OF the prisoner stated
account Of the sw,ndles OF his brother Adolphe, in
which he had participation He declared that he had
not received arthing Of the proceeds Of these swndes
3hese letters referred 10 In the deposition off B.
Schwartz and Helena Schwartz having been by
aha IN Ennuw fho har fuursft
well; 10 is that OF Adolphe Schwartz
Counsel read the letter of the prisoner TO bis brother
family that he had long suffered from his msfortnnes
sha he requested his brother TO take charge OF his child
and wife, and tha, u he got happy abroad he would let
There was also letter from the prisoner to bis wife
Rosa suggesting that, there hardly chance OF
his ever seong her again. she might marry some man
Who would he kind to her From southampton he also
<ally described storm at sea- He states that he de-
punishment hot that the pains and tornents he
.asod be With you, dear left one and may make you
happy. Rosa, as slso You my dear and innocent child
loved 90 much kiss all heartily, and beg TO be for
gwen. Adolphe."
deposed 10 having received resrrpt and ateegrsm
from the Department OF Foreign Affairs yienns. in
reference to the charge alleged against the prisoner
Mr.. Jarocque said that was the for the prosecu
Gon.
Mr. Duephoefer then applied for time bring over
witnesses from Hungary TO rebnt The charge against the
prisoner
Commissioner White said he could not do that bnt n
Mr. Dittenhoefer had any Witnesses present he might
examine them.
Mr.. Dittenhoefer had one witness, hut ne did know
yet whether he would put him ON the stand not.
After some further discussion case was adjourned
SI Monday next, al three O'Clock.
SUPREME c0UnT-CAAMBens.
Charles ". Msnwei Not Ia he ENcrnted
the 10Th of Aprii-A Writ Of Error
Before Judge Leonard
Csasis b. Manuel 70. The People, &c.--Appicaticp
made in this yesterday by KNITTING and Gcday, Of
ccanse' for wr, OF snd stay Of proceedings In
she case Of Charles Manuel alias Drummer Charley,
q colored man. who convicted at the Court OF Gene
rnl Sessions Of the murder Henry schesscr Young
German shoemaker in Thompson street the night Of