The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-29
UNITED STATES COMMISSIONERS COURT.

by law-saoo Ane and one years Imprisonment.
UNITED STATES c0MmESaSEay COURT.
The Alleged Bounty Frauds-A Pitiful Case.
Before Commissioner Shields.
the United States as. EItzu 0Keele.-The defen-
dant was charged with illegally drawing pensions
Tor period OF Two years. she having remarked one
Ftzslmmons since the death Of her husband, q SOL
dier in the late war. The delinquent, who was yes
terday brought up for examination, presented
sorry and pitifu aspect and excited much commiser
aton. Attended b. her aged mother-n-law she en-
tered the Commissioners Court, her three deli
cate CHI dteQ cnglng closely TO her The
poor woman did not attempt to deny the
charge, but meeky stated in extenuaton
that she had drawn the pension 10 save herself anu
children IRON starvation. Moreover her husband,
Size SAID, was at present 1ncarcerated In the Tombs
and not untl she was infinitely nterroQated dlt she
admit the TACT that DIS Imprisonment was caused by
having stabbed her IN the head, the proof OF WHICH
she exhibited To the Court The case was evidently
nard one and the offence charged was altogether
not considered uUjustidable.
Commissioner Shields discharged the prisoner on
her own rec0gnizance, the Assistant Districts At
torney CONSUMING little collection was SUISSE
qHently raised Tor her, her candor and apparent
he.pessness naViha created Snpatheec ieei.ug ia
her regard aud the poor woman went ON her way
rejoicing.
Countcrfeiting Treasury Notes.
The United states cs. Samuel H0ppe7.-The
defendant was charged with attempting to pass
counterfeit 500 Treasury note He was arrested BY
H.
yesterday before the commissioners VINO held him
under $4,000 bail TO await examination.
The Alleged WeigIimaster Frauds.
The United States u.s. Frda6 Webb.-The hearing
Of this was resumed yesterday. Edward
Wilkes TESTIFIED that he was employed as assistant
foreman by General Egan. lie Kept the time of the
men and making out the time each man worked
There were several men Oh WeDb's pay roll who had
AMY WoS ma me nc would
each week. The further showing OF the case was
adjourned TO the LIST OF November
Smuggling Hair.
TIE United States Us. ElidS Schtcdytg.--Tne de-
PENDANT, on the complaint of Philip Riley, was
charged with having, Oh the nth of August last,
frauduientlv and knowingly imported into the
United states, and IN assisting In 80 0Oing contrary
to law four bags Of human halr. me defendant
was held under bail in the sum Of 1000 10 await
examination on Monday next
Smuggling Cigars
The United States ps. ". p. Sharhey.-The defend
ant, charged with smuggling cigars, was repre-
scented the owner Of the cigar stand in the Metro
pohtan Hotel. 1t appears, however, that Bernstein
Unborn are the projectors, and tbat the defend
ant was only an occasional guest AT the Metropo.
Titan.
The New Marshal Sworn In.
Samuel II. Harlowe. the new Marshal for the
Southern District Of New York, sworn in before
.Adge Blatchford, ana gave his bond $4,000 for
the faithful performance OF his duties Tie suretIes
on the bond are Moses Ii. Grnneli aud Edward Min
turn.
Important Extradition Case.
The following opinion has been rendered by Com
. missioner Newton:-
IN the Matter OF the Complaint and Req,tisaton or
Louis Philippe de Luze. Consul Of the sciss Con-
Francois Farez IL charged In the complaint Of Louis
Philippe de LUXE Consul Of the SWISS Confederation
ut New York, with having forged certain CONNER
Cal papers TO the amount Of 30000f., there
aDouts, within the jurisdiction or the SWISS Confed
Grafton, and contrary to the laws thereof, and to
haVQ
to the United States. The Consul also charges
that said 49, crime rs within the stpula-
OF friendship, reciprocal establishments commerce.
ana for the surrender OF fugitive criminals, made
United States and the swiss Confederation and ratt-
fed on the 9th day OF November, 1865. And the
Consul prays for the arrest and extradition OF the
said Francois Ferez in accordance with said treaty
stpulations, on the complaint so made az aforesaid
Upon said complaint, and In accordance with the act
oi Congress emitted "an act for giving effect to
tain treaty stipuiau0DS between this ana foreign
governments for the apprehension and delivery up Of
certain offenders, passed August IL, lS4s warrant
was duly issued by and the alleged fugitive was
arrested Hereunder. Upon the return OF the war
%. Lapaugh asked for an adjournment 10 order to
afford him time to produce from his government the
evidence Of criminality said TO exist against the
prisoner, which evidence, 1t IL CLAIMED, Will bring
the case under the treaty aforesaid TO be disposed
OF as therein provided. An adjournment was
Was set apart for the hearing. The case
now comes Up on motion by the counsel for
the prisoner discharged, or that the examination in
the charges against the accused be proceeded with
immediately, u 10 contended BY counsel who
that the prisoner should be discharged because no
power vests IN the commission or other officer
under the treaty 10 commit an alleged offender I'M
less full and complete evidence OF his crimnality
appears II this view be correct fugitive criminal
could not be detained except on presentation OF all
rant the President IN granting his cefth.
cate Of ezradon 40 nos SO interpret
effect TO the treaty under which the alleged fuguyc
IL sought TO be surrendered expressly vests IN the
Official issuing the warrant power, jurisdiction
authority upon complaint made under oath or affirm
atlon, charging any person found within the limits
OF any State District or territory with having cou-
mited within the jurisdiction OF any such foreign
government any Of the crimes enumerated or pro-
vded Tor BY any such treaty or convention TO issue
his warrant for the apprehension Of the person SO
charged, that he may be brought before such Judge
or commissioner, TO the end that the evidence OF
crmInality may be heard and consldered.r The act
then goes on 10 state that az on the heating
The eviaence ne deemed sutiicient by him TO sustain
tue charge under the provisions OF tue proper treaty
or convention IL sBall be the duty OF the Judge or
commissioner TO certify the same, together WITH a
copy OF all the testimony taken before him. to the
Eecrelary OF State, taat warrant may ,issue,n
thereby clearly showing that warrant IL 10 issue
IN inc FIRST instance Tor the apprehension of the
party charged 10 DC q fugitive CRIMINAL aud
afterwards, TO wit.--0n the hearing, whenever
that shaH take place, evidence Is 90 be given to
sustain the charge or complaint so made with this
power OF arrest follows, incidentally. the power OF
Commitment until the dnal hearing and conclusion
oil tie proceedings, Whtb, III hHo NHkudRc Oh tne
act N the evidence be deemed sufficient 80 sus.
lam the charge II shall be the duty OF the judge
co missioner to issue his warrant for the COM
mitnent OF the person 80 charged TO sbe proper
jaii TO remain until such surrender Shall be made"
We're the views OF the prisoners counsel TO obtain
we should have the anomaly OF q commissioner au-
tnorized TO Issue warrant with no power OF com
mitment, even pending the hearing on tho COM
paint In my judgment no such construc-
ton can be gwen TO the act As 10
the demand made for an immediate
hearing on the complaint my incllnatons and sym
m arpn MI Nn ad tn a
ance with request OF this kind; but after careful
consideration am impclled by sense OF duty 10
allow the Consul OF the SWISS Confederation untl
the LIST Of November proximo 10 procure evidence
SAID 10 exist ! am aware that the constitution
guarantees TO accused persons o speedy hearing or
trla. Inc nation owes this TO every one appre-
nended under SAWS be he citizen or foreigners bnt
~ also owes another duty TO the governments with
whIcn u enters into the solemn Obligations OF trea-
fles. Nv such treatlea NE lncnr reannnsl.