The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-30
THE couRTs
UNITED STATES ciRcuH cQuRI.

The G. @ u n 7 S.
UNITED STATES CIRCUIT couaT.
rorsed Endsrseme.s 10 a Cersiacase Of De-
post-The Accused Convicted.
Before Judge Shipman-
1As Untd States John A. Fbse~.-The defendant
vas indicted charge or having the 18th OF April
le6o forged and counerfeIted caused be forged
and counteneited, the Of Hannah Burke to .
certificate Of deposit in tho Treasury Of the United
States payable 70 Hannah Burke the Of 81 227
The defendant charged In second count with
fraadulently endeavorng to have . OF 81 227 due
y one Hannah Burke paid 70 one Wilson DeYendorf,
shs amount Of certificate or deposit, by means Of
fiss endorsement made IL lie alleged BY one Mary st.
John. The woman s. John, who Is charged with hav
Ing endorsed the certificate Hannah Burke her mark
guilty Whom she WAS brought up answer according
70 statement Of prosecuting counsel the prisoner now
90 maj Was undergoing term OF imprisonment on
Judge shpman intmated to the jury that the fact Of
Nary 81 john previously indicted with the prisoner,
having pleaded guilty 70 the charge against her
psoof against the prisoner. 800 VI " n
mo evidence went show that the Of the
uhcate, Hannah Burke, Mrs.. Hannah Mccarthy, she
having made the deposit in question in her maiden
name, was in the month Of July, 1865, resident Of
Washington, and that she had made deposits from Time
% in The United States Treasury to the amount Of
o. o50; Mat during Tho night OF -, her trunk, which
sopse OF trees near the house. red or its more valuable
% he ppsa r.
broker In this city, 10 Dash certificate OF deposit for
3l227 which he alleged was hi. property. having given
the money HannahlBurke to depositsfor him. Tho
l having ascertained a the Sub Treasury that the
hncate genuine told the prisoner that before he
eashed IT, would be necessary TO produce the woman
described in The evidence further went on to show
Mat the prisoner then left and after returned
ahe broker the Hannah Burke the owner Of the cert
cate and who then endorsed il, "Hannah Burke, her
accomplish made adavts Foster wearing that be had
been member Of Company II, Sixty.sxth New York
Volunteers and that in the month Of November, 1885,
herself Hannah BURKE the rghtfu owner Of the Ger.
her. for safe keeping Sl227 and that she in tho fol-
lowing month deposited the United States Treasury,
end that she received therefor certificate in ques.
sion. These afndavits were put in evidence Mr.
Denendorf. having TO this extent satisfied himself
s. the na nso, Of the certificate and the
thereon, advanced different sums Of money TO
Foster, amounting in all to about $3.50. After some
time Dedendorf scnt the certificate Washington and
immediately afterwards learned that the money had
already been paid over to the real Hannah Burke from
been stolen. Mr.. Denendof then put the case in the
hands Of the authorities and Foster and his accompce
Were arrested The woman subsequently, pleading guilty
e The indictment, remanded for sentence and the
United States had TO await the expiration Fosters in
earceraton for another offence TO produce him in court
% answer Counsel for the prisoner depended upon
Few technical points OF law, which Judge Shfpman
promptly oyermled Tho case being submitted, the
Jury, without leaving the box found the prisoner guilty
Sentence deferred
run CASE OF MARY ST. JOHN
Nary b. John, referred in the foregoing case. was
brought into court Witness but Mr. courtsey United
States District Attorney not deemng evidence nccea
courtney called for the Judgment Of he court On her
plea Of guilty The prisoner was then put forward and
ne court sentenced her TO SIX months hard labor
The Extradition Cnsc OF Philip Heinrich.
s0 Before Judge Shipman
Yesterday being nxed for continuing the hearing In
ths case and for the production Of the accused on
writ Of habeas corpus issued by the court and the pro-
1oction Of the papers the writ Of certio the pzs
susr brought into by the United States Mar.
shal 41 Fr r
Mr. Kenneth q. White also presented 70 the court all
Ne evidence taken and the proceeding had in the prev
sas examination before him In the matter.
The Prussian government was represented by the Act
lns Consul General Mr. W. Zach, and by It's counsel
b his counsel, Mr.. Charles wehls. -
9 Prussia TO Ale return additional 70 tho wrts Of
hahsas corpus and csrioar he supposed there would
already stated in court be might do TO- -
NJ Wsnle objected He did not think counsel had .
/. me Court II have allowed counsel 70 s the return
- " GP6ugh Nid tns. the writ whIe1 he held In his
ESad was in The main smiIar 70 the fcsufn hem.1: On
Hs would rssd The complaint As he deemed that BY 50
doing he would the discussion TO limit which
1smuer everything admitted that d contained in the
X Weile understood tina. counsel would only road
sne complaint part OF his special return. But
sel intends by limit the discussion to the
dsmursr and complaint he viii be mistaken. The
question il whether the prisoner under s the proceed
ugs and In the face Of the evidence taken, legli
r.: coursmThai win depend on the view the Court
nay take Of tho effect OF your demurrer. The whole
proceedings before the Commissioner are brought up
ksre and the question Is whether his judgment IN the
matter shall or shall not DO considered conclusive The
question raised 10 technical the regularity Of the
Droosedings, and whether the admission In your dc.
aursr-for facts in indictments in criminal cases are
aduntted by demurrer-should not be taken admis-
Mr. WehIe-we do not admit the facts as set out
The Court-Mr Iapaugh presents this question as .
preliminary one-that that Is the effect Of your do
Aurrer upon which shall reserve opinion Till hear
The matter fully.
NJ. wehls-In q criminal proceeding under the CON-
but this proceeding IL under special statute sup
pose the prisoner justified in taking all objections TO
The Oouri-You nigh. on this have made motion to
quosh the complaint
the ground that The complaint insufficient That
vas the effect whether may DO called demurrer or
Ths Court-You had . right to demur; on this the
anthorities very explicit do not say II would DO
night in criminal where the Court can hear the
parties Here II ID properly done, and this conclusive
IN this branch Of the case
Mr. Lapaugh having read the return,
Mr. Wehle for the prisoner. proceeded address the
Court on the points ne deemed 1t variance with the
principles Of the Extraditon treaty and the OF Con-
gsss made In pursuance thereof quoting largely from
ths testimony and occupying the Court gill adjourned
NJ Q late hour.
me further hearing Of the case win DO resumed a
mae O'Clock this morning
SUPREME couar-cHAmBfRs
TIE Chicago and Northwestern Railway Con.
erovorsy- Muudamua Issued AHainet the
Treasurer.
Befora Jud0a Sutherisnd