New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-03
TIE FAREZ EXTRADITION CASE.

ANOTHER CHANGE ~ THE COMMISSIONER-MO
TON FOR DISCHARGE OF FAREZ.
The examination in the Farez case, on the
prayer Of the Consul for his eXtradOn charge
Of forgery, was resumed yesterday morning, Commits
e0ucr Kenneth G. White presiding. Mr.. White has
.umcd control Of the examination owing the pressing
ENGAGEMENTS Of Commissioner Shields, 10 whom the
was ass gned by Commissioner Newton on Wednesday,
MI Iapaugh arose TO open the case the prOsecu-
ton when be interrupted by Mr.. COuder counsel
for the prisoner who stated that he had PreEi
nary object Ous oieT which, if well taken, would dis
pose O On, whole and the protIacted nvesti
cation With which they we're threatened. He said
that Il was his good fortune 10 be able 10 state
that with two exceptions all the propositions that
BE- about TO present d already been determined by
some competent authority His first proposition was,
that without sufficient complaint on oath there was no
on tho pant Of the Commissioner TO issue the
warrant IN this His second proposition was that
the warrant should contain an averment OF al the url
di,tioua facts. Mr.. Coudcr cOntended that the com
paint ON winch the warrant h5d 3ceh Issued was
insufficient for the purpose, and that the warrant
statement Of the facts giving jurisdiction TO the
COMMISSIONER. The complaint, De sad, - simply a
statement toy the Hon. Louis Philippe De Luze, swiss
Consul that Francois faiez j. charged WIN having dnI
il l- committed, within the jurisdiction of the SWISS
Confederation, certain Ofen-es That was, he claimed,
merely am Official declaration o. certain ldtt> IA, SUI
United that it0Sas not a complaint. complaint made
m,ut upon CATH either Oh the knowledge of the depO-
nst or upou his Information and belief, the sources
an oflral paper, something Of "a state document, in
which Nj. DE Luze. while charging that Frez guilty.
idual 10 tie statement Of the fact, ana that Judge
B.fchfurd had already held, I'm former trial Of this
very case, that cIZcn Of The United states could LOT
h. held on a statement 80 vague. lie argued further,
tat granting that FarcZ had committed forgery. u Is
enough under the treaty. that the forgery shOnid
have been committed: il must be forgery the punish
ueut for which j. niamOu. as well in this country az IN
switzerland. 10 sustain which proposition he quoted
from the opinion Of ChiefJusce COckburn OF England
m tie case OF Windsor. In conclusion tic counsel
maintained that a demand for the eNtraoition Of q
prisoner should De- made by the supreme power ~ the
demanding state and there no evidence on the re-
q z fff.iff le
nad made a demand upon the PIesdeHt OF the United
states FOR the eXtraditlun 81 Farce
Mr. IiIuugh, counsel Tor the swiss Government IN
-clIy. COntcuded that the complaint upon which Tie
warrant had been issued and the warrant Itself, both
eetcd sufficient facts 10 give the commissions iurlsdic
n0i o. sustain which he cited the statutes Of the United
states bearing the Treaty question.
tomIuissO White took the matter under consctfa
Son aud reserved his decision The case stands Ouned
yutI THE morning al III v clock