New-York tribune., 1867-06-14

authenticated Is to be determined by the certif
cate OF our own principal diplomatic OF con
sTiar officer, resident in the foreign country The
papers offered Ill IN % evidence are numerous but shall
r. complaint or information of the Directors of the
1850 addressed to the Royal Chief Procnrator This is
not a merely formal accusation containing only technical
Statement Of facts and circumstances I'm suprorf of the
charge. further complaint and statement Of the same
character appended TO this dated five days LATER The
two form one document This paper properly atested
as true copy by the Secretary of the County Court
President of the Court under SEAL and the latter adds
certificate that the document is valid piece Of evidence
by the Laws c Prussia The signature of the President is
then aescd and the same certificate TO the validity
Of the document as evidence given under SEAL by the
frs President of tho Royal Rheuish Court of Appeals
The signature Of tho latter is then attested by the Minis
ter for Foreign Ahairs The document is then authenti
Gated by late Minister at Berlin Mr. Wright with his
certificate mat the paper legally authenticated to
he entitled to DC received for similar purposes by the
tribunals Of The Kingdom Of Prussia. Tins certif
son ss, soye criticism has been sd o'Ies n 1 ,e
sertCate % DR. Wright, the ground that il does not
una Of Prussia in support OF the charge Of crmnaity
II is urged that the words similar purposes in the
statute of Aug 70 1sls it viii he seen that the pu
poses fo which certain documentary evidence was made
admisslc, woro to support the charge of cruinality
The documentary evidence made admissible by the OF
Jane 2 loto is declared 10 be for the purposes
mentioned in The 2d section of the lsis includes
MI papers which are received by the foreign tribunals FOR
sinl.ar purposes" The meaning of the certificate is
periecy obvious. when considered reference TO its oh
ect and in connection with the certificates of the
.fcals TIE latter declare a valid piece Of evil
dencc by the laws OF that kingdom. OF course IL is ev
seucc touching the charge of crimnality which il en-
snihclc,ed by our Minister is made adnnssibIS Sy our
statute and therefore properly received by the
siIions I2 in number, which are also fully
sttested by various Prussian officials. and to which
n similar certificate of Minister is attached Ry
these documents 10 nothing of Others in the ease
appears that the prisoner the Secretary the Rhen
,sh Railroad Company at Cologne; that that company
purchased lands OF various parties and that he obtained
and applied 70 his own use the purchase money in num-
be instances, by forging the of the
receipts by theusc of such receipts knowing them 10
IT'S weight concerned in the language of the
treaty such evidence of crminality as according 10
laws Of the place where the fugitive found.
would Justify his apprehension and commitment for
Gal h TIE oieusc had been there committed. There Is
other evidence in the which have not deemed IL
necessary TO COument upon. 1 am satisfied that the
Comm ssi0ner came TO "a correct conclusion, and Shall
therf,c dismiss the writ and remand the plisOer to the
custody OF thc Marshal. he held by him under the
ISe@Sve aatos at %asnsoS Before Snay die
MISSING this case will endeavor TO make some suggeS
bons which may tend to prevent some OF that uncer-
taihy confusion, and prohXy which nave So often ca
acierzed these proceedgs pnGer our treates
II woLd seem lnHspensaoic thit demand LOT ne sur
render Of the fugitive should be first made upon the
date President obtained before the judiciary is
called npOu 70 act tsee M Justice Nelson's opinion 81
She better practice aad keeping with the dignity
10 be observed between nations IN snch delicate and i'm
portaut transactions. Where the warrant uf
returnahle before Commissioner for hearing should
he who has been previously designated by the Circuit
Court under which he holds his Office Commissioner
FOR that purpose. Un Kaine. Il How. Rep. ia and
i46) Each piece of documentary evidence offered ly
the Of the foreign Governments in support OF
charge Of crImnalty should he accompanied by certh
cate OF The principal diplomatic or consular officer OF the
United states resident in the foreign country from which
tne ueltiNe sha have escaped stating clearly that II ~
properly ana legally authenticated SO as TO ente lt to
be received IN evidence IN support of the same crmi
The CoIrmissoner, before whom an alleged fugitive Is
brought tor hearing should Keep record OF all the oral
evidence taken before him. taken IN narrative form and
not by question and answer together with the objections
made to the adnissabty Of any portion ~ IT,
grounds of such objections hut should exclude from
The record the arguments and disputes Of counsel S
tlp
be required by the Commissioner 10 furnish accurate
translation of every document offered in evidence which
ts in foreign language accompanied by affidavit of
the translator made before him some other United
States Conn sioner, or Judge that the same correct
That the complaint upon which warrant of arrest Is
Of the oeuse CHARGED so that the Court see that one
OF more OF the particular crimes eumerated in the treaty
alleged 70 have been committed This complaint need
not be with the formal precision and nicely OF an
Indictment for final trial. but shoud set forth the sut
be understood that IN the exercise Of this OF
ylslng ON h@Deas corpus the Judgment me OF te o9,n,s
grounds for errors ia foTn. When designated
by the Court he fully empowered TO hear and decide
The question OF crminality and where he has legal ev
before him this Court viii not reverse his Judgment
except for substantial error IN law or FOR such manifest
error fact would warrant court in granting new
trial for verdict against evidence. have had In
consultation with my brethren, Mr. Justice Nelson and
Judge BlaehfOrd in reference 20 this case, ana am a
to @ tSs ney Len an be @ entered dis
missing the writ OF habeas CORPUS IN thls rise ann re-
sndng the prisoner 10 the custody OF the MARSHAL on
THE QUESTION OF An APPEAL:
M sr qs. ,e Wehc Counsel co Te FOR Hec nformed the
Court he would avail himself Of the provisions OF the
satu.e 10 appeal the question TO the supreme Court
Judge shipman Informed Mr.. Wehe that the question
"a 20 the right appeal the 10 the supreme Court
self Mr. Justice Nelson and Blachford. and they were
sDS fa4Ser informed Mr. %ehe that he Judge shpman
would not grant an appeal, and that IL be thr Welel
intended pursue the matter he must oppy " MI JUS
taee Nelson, personally.
Mr. Wehle said he understood an appeal In such cases
Judge shipman said he did believe II granted
ut such and that the grant Of 1t would be
liable abuse in habeas corpus cases especially in
in the army; this latter class that ap
peas could be taken the Supreme Court woud have no
Judge hpman then ordered the fugitive into the custody
of the Marshal pending an application by Mr. wehle to
Mr. Wehle then went 10 Judge Blatchfords chambers.
and saw Justice Nelson who informed him that. in
that as 10 the right ordinary OF habeas corpus
cases other than extradon cses-here had never been
opnion the right did exist In habeas corpus case,
but he did not know TO certainty tho opinions OF hs
them in relation 10 the matter ond consequently could
how they would probably determine the question
Mr. Wehe then returned to the Circuit Court and, hay
ing informed ge Spman OF what had passed between
Mr. Justice Nelson and himself said he was IN doubt
whether IL not his duty 20 write TO the various
Judges Supreme Court to get their opinions On the
matter. ,,--,-,-., -,
would dc productive OF no good there not Deng
the doubt his Judge Shpmans) mind that an
snses Examination by Mr. Justice Nelson Judge Blatoh
ford and himself and they al without hestauon, pehg
Of the oon As 70 y wSy M weS lEt he be should not do
n He was willing TO remand the might've TO the mar
sals custody for few days in order TO gve r Nehe
an opporunity OF showing that appeal was granted
sbso,tely; bnt unless wehe thought proper within
that time, make such an argument te Ingtve wouia
soon S tho warrant OF extradon should be Issued on
the certificate of the Commissioner by the secretary oi
III, Wele then said he simply wished 10 acquit himself