The New York herald., 1867-04-30

Tho Prussian ExtrndisIon Case-Thc Charge
Or Forgery Asainst Philip Henrich-Com,nit.
tai Of the Prissner-Important Qaestisus Of
lnternatiowal Law. Ns
Before Commissioner White.
The further hearing Of the charge against Philip Hen
sch. who Is accused Of having. while acting the capa
sty q Secretary the Rhenish Railroad, or Cologne
Prussia committed forseries the amount of % 900
sbale resumed yesterday half past three O'Clock
before Commssicnsr white
Mr. H. D. Lapaugh, counsel In the United states for
he Prussian government conducted tho prosecution
Baron Guido von Grabow. the Prussian Consul Con-
srai. also present
Mr.. Charles wehle defended tho prisoner
Mr. Lspaugh offered In cvidsnos The mandate Of the
President dated the 4th Of December 1885, and directed
10 the Judges Marshais &c., Of the United States,
authorizing the arrest Of the prisoner
Mr. wehle proposed to put in evidence the afdavit OF
Cassius raisohd, tho district Of Wisconsin
Mr. Lapaugh objected to the document as not being
Mr. wehle commended that tho evidence vas comps-
tent II the affidavit certificate Of Marshal OF
the United States and was coroboauve Of the evidence
already adduced The original warrant was Issued TO
the Marshal OF the Southern district OF New York. and
the United States Marshal Of wisconsn, where the
any such arrest being made there. and that IL was
made without his consent knowledge or authority
He MIR wshis1 wanted 70 make point 20 s o. law .s 90 that
whether II admissible or not
The commissioner-H IL objected 70 on the other
side as being nothing but an amdavt must exclude IL
OF course will take your Offer
Mr. LapaughI object to going on the record Of the
Mr. wehle-I wan, the paper marked. 50 a. to have q
aGes raised as TO Its admssibiiity.
The Commissioner-Havo you read the warrant, which
that the prisoner be taken wherever he comes
fromS
Mr. wehc-I don't think have read that part OF IT.
MIR Lapaugh--This deposition would not change the
features OF the case do not think II s necessary to
have such paper that on the record, and therefore
Mr. wehle-Thc point mako Is shis-thai the whole
proceeding, regards mo bringing up OF the prisoner
by the Marshal Of Wisconsin where he resided Now,
make the point that the man In In Illegal custody.
The Commssioner--I think not
The warrant Is issued 70 Robert Murray. and handed
over 70 deputy marshal who a. arrested the prisoner IN
or authority OF the Marshal Of that State.
The Commissioned will take your oncr, Mr. wehle,
I exclude H. and you except TO Il
Mr.. wchle--Your Honor win kindly give US the benefit
OF the exception
The Commissioner-Yes.
Alter some discussion with regard 10 papers and por
tons OF rape which had been used In EVIDENCES by hr
Mr wehle proceeded TO sum mp the testimony on be.
half OF the accused He said no was sorry that under
his honor's ruling two points which he bad intended
20 bring before the notice OF the court could be
tered upon; thai regarded the arrest, and The
prisoners declaration Of intention 70 become Amcr
can cizen With regard 70 the latter question, he ad
mled that II was question which did not come up foI
his Houors review He thought hts Honors suggestion
respect night. His Honor had only
anime the evidence of crimnaiity and report TO ths
proper authorities and in Il should bc afterwards
necessary show by tie spula,ons OF the treaty AZ
they stood, that the Prussian government moi
entitled demand the exrsdiiion OF the prisoner by
reason OF formal declaration Of ntnton 20 become
c,zcD that could be brought up IN another place and
there decided He mentioned this lest his learned friend
the other side might suppose he waived any right
Mr. Iapaush-whcn tha. question comes up In proper
form win be prepared 70 meet IL Al present u moi
before the Court
Mr. wehe said he would take the rulings as correct,
and counne himself TO the alleged Acknowledgements OF
confessions Of ths accused Tho evidence adduced by
the Prussian government OF two-fod character
aSS Ss 10
Prussan courts. The words used by the prisoner ~ am
not much guilty as careless could not BY any posi-
blty be tortured INTO confession OF forgery Of utter
ing forged papers The prisoner stated expected
other charges, which might be charges OF embczzlemcn
and embczxcment was under the treaty offence for
which the Prussan could not demand the OK.
tradition of the prisoner Even II the prisoner made tho
confession he was a. ,ss M .s Tune ~ illegal aIrt Mt
che United States; he acted Marshal none but
citizen OF the United states could hold tina, Office.
confession made under such circumstances ought not 70
The comm,sssoner-If The srres, was Illegal as you
say the confession could not be made und darsss
wers ON At considerable length TO contend that th,
and evidences adduced before the Prussisn
could Sc regarded in The light Of forgery The earne'
centIsman brought his remarks 70 closc b
stating that he desired 70 nsye A. 0pp0runIs ws,,
bs bsd sdvsvssd. = be deemed them Of the creates
importance Il was me general tendency o. their Law
% .d N 'cesssS .x sy ns and ~.s
rable IN this cass 10 which the prisoner was taken "
s~ares from his home. fFssnds and family NJ Web
ss ssr ss. 1s css.sss y sfsss ,ss on Of 1s
letter dated November 20 1893. from The Earl o. Ca
nAon. Colonial secretary of Great Britain addressed