The New York herald., 1867-04-21
TIL @ Q URT S.
UNITED STATES cOMmIssnHEas COURT.
The Prmssian Extradition Case-The Charge
of Forgery against Philip Heinrich.


OF Forgery against Philip Heinrich.
Before Commissioner White.
The further inquiry anto the charge preferred against
Philip Heinrich, late secretary OF the Rhenish Railway
of Cologne in Prussia OF having committed forgery 70
the amount Of 5000 thalers resumed yesterday, at
half-past one O'Clock before Commissioner White.
Mr.. II. D. Iapaugh, counsel in the United States
for the Prussian government conducted the prose-
cution.
Baron Guido von Grabow, the Prussian Consul Gen.
eral, also present
Mr. Charles wehe defended the prisoner. ,&
The facts have been already reported very fully in the
HERAtp The case behalf Of the Prussan government
has rested and whole OF the sitting OF Yesterday was
taken up With an argument by Mr.. Wehle, who moved
on the art of prisoner that the complaint should be
dismissed the following grounds:-Frst That neither
The oral testimony the documentary evidence pro-
duced the Prussan government shows that any crime
whatever has been committed by any person emitting
the royernment OF Prussia TO demand an extraditon
under the treaty of 1852 Second That neither the oral
nor the written testimony shows that the defendant has
committed the crime OF forgery Of uttering forged
papers, or any specified in the treaty Of 1854
Counsel then proceeded to stae that TO the alleged
confessions BY defendant with respect the crime
imputed him. they were made by the defendant while
in the custody OF the officer holding him. and ought
be received with great caution That they made
the OF the officer by words addressed by him 10
the prisoner which he might have well considered az
threats aud therefore they ought not 70 be received
Neither the words Of the prisoner, the sense in
which he used them, amount to confession OF the
lie is charged with The evidence 10 the words
used was:-"I cannot say was SO much unguilsy as
any possibility be tortured into a confession
OF forgery, or of uitering forged paper. The
prisoner emphatically denied that used even those
words but asserts that it was the officer who told him
"You probably careless than guilty where-
upon the prisoner answered, ~ say that I was
either careless guilty. Mr.. Wehe then applied him
self documentary proof contending that il was
irs"r'@nt 70 make out case OF forgery against the
prisoner. sa1 esw M N
Inc commissioner, without calling on Mr. Iapaugh to
reply denied motion for the dismissal OF the COM
plant, II Mr.. Wehle was going to that because
the prisoner had declared his Intention of becoming
citizen OF the United States, he must inform him he
could not decide any such question His duty was
simply to decide whether there probable cause for
holding the accused upon the present charge. The
Commissioner then asked Mr. Wehle If he had any wit.
ness 10 call. i.t te rHss rfa.- 4M NN
Mr. wehle said he had, but the witness was not to-day
In attendance
Mr. Lapaugh-what is the name Of the wtnessp
Mr. Wehie-Payl Joseph Bungartz. ~
Mr. Lapaugh-He is the brother-n-law OF the pris-
oner and II he intended TO come he would have been
here before this.
Mr. Wehle then asked for adjournment till Monday
week TO enable him to procure the attendance Of his
witnesses
The Commissioner observed that the case had been
several times adjourned since the I'd of April rh
II was then arranged that there should be adjourn
ment till next Saturday, and that II Mr.. Wehe was not
then able produce witnesses for the Defence sum-
ming up should be concluded.