New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-25
UNITED srATEs COMMISSIONERS OTFIcE-JAS. q.

UNITED STATES COMMISSIONERS OFFTCE-JAS. a.
Before Commissioner WHITE.
THE AUSTRIAN EXTRACTION CASE INTERESTING
ARGUMENT on POsTPONfNG TIE EXAMINATION.
In re The BKraiion q AdOlPh William schwartz
This case came mp for examination yesterday pur-
M JSrsSsh Larocque. counsel for Mr. Charles Dc
Loosely, the AUSTRIAN - ,, e., poro,
Won Bsast the Austrian Minister Of Foreign Affairs over
~ m Nv he Austrian Conss General and written by
Mr. Lar0cquc, by which he was informed that the proofs
for s mort on the 26th inst Mr. LarOcque therefore
asked the Commissioner for p0stpOnement OF the hear
FXJuge Dtenhocifer counsel for the alleged fugitive,
replied that this delay was unreasonable Ihat u was
when man was arrested the prosecution would be ready
with sgmo adequate proof That the proof IN TINS case
belief and not sufficient for arrest ana that TINS
delay was unnecessary Ilat some osS ,99I I'M yd
That was wrong for this man to be imprisoned on an
affidavit of simple i1ioinatloh anu G0ei h o ' ~ tb
case had occurred here, his Honor the commissioner,
would not hold tho prisoner ON simple Information ana
Mr. Laroeaue coqtended that there was sufficient eyl
dence to hold the Ps1aIr L e Minister for Foreign
Affairs and that no NyOn- 10 the prisoner was desired
That they lad direct telegram containing information
tba rgient proceedings were being taken In Austria
which was the proper place. and that the proofs viii be
Completed 20 as % the 25th inst and L was
Therefore ety OF the TO ask for this postpone
mcnt That tlls postponcment would not increase delay
In tic dspo. al che as il was necessary that these
proofs should be perfected in order to facilitate such
disposal,
ExIudgc DitenhOefeF about to argue that no man
copd Justly be thus deprived of his liberty, when
CounissiOucr White informed him that such argument
was ont of place He had issued his w0rran for the ar
rest oil the prisoner affidavit aud should hold him
until reasonable time had elapsed for the perecng OF the
evidence against him. -,
Ex,Judge Dlttenh0efer cOntended that there was no
eydeGcc of this telegram being sent by responsible per
SON An enemy OF the prisoners might have sentt Why
had they sent persOn They had not the papers
IA the case They might have sent copies OF them az All
events My client says he has not signed any or the
papers he Is accused OF signing and is innocent My client
should not be imprisoned for weeks on such nmsy pre-
texts. -, -, . .,.,, A.
Commissioner White then said he did not think the
aDulGatiOn for a pOspOncment unreasonable. me
prisoner Ia alleged to have escaped from foreign
country and the evidence against him musg come from
there ana there must be reasonable time allowed Tor us
arrival The Ooy question IS In relation TO unnecessary
DELAY The first telegram sent ON the 9th ns ana
telegram Is now sent that the evidence viii all DC com
pcted bv and sent the Goth inst steamers depart
ONLY once week Bremen rths port and only JY9
weeks were asked for TO get evidence together 10 soma
here. -,
I'm mil were heavy. Mr. LarOcque informed him ana the
Copmsslouer that By consent OF the American Consul
General the prisoner had received % gold Napoeons 70
hrlpdefray his expenses EXJudge Ditenh0efer replied
that the expenses Of the prisoner Including the payment
OF ss per week board would consume that money before
the expiration OF three weeks. a., 4.
II was finally arranged to postpone the examination 10
wednesday, the 9TH OF February at 2 O'Clock p ~