New-York tribune., 1871-10-10
THE COURTS.
THE EVANS CASE,
THE ACCUSED RRMANDED TO THE PEHNSYL-
vANIA AUTHORITIEs

ihE EVANS CASE,
THE ACCUSED RRMANDED TO THE PERNSYL-
vANIA AUTHORITIES.
Judge McOunn of the Superior Court
rendered yesterday, IN tho oase Of George o. Evans,
charged with embezsng ssl 900 Of Pennyivana State
funds the following decison In which be holds that tho
prisoner must be remanded TO the Pennsylvania State
authorities on Gov. Geafy's reputation:
dS Scgs 5 n
concluded not 70 discharge the pssopsr By .ection
% sas or Il The
cenes &c nsr what occasion and by what
the surrender OF the fugitive criminal shall be ei-
c1s only by are aRsI made s to legal
pcraye demand for the delivery OF tae ~ iaGTs. naCs.
msnt found 5 or sds7t ds made &C.,
demanded with having committed treason rsony or
o m and secondly that such en- EstmVs OF OF Is
State whence the prisoner has fed In the case before
me u appears by the return to the writ that the s
mand the Governor Of for the surrender o,
the prisoner that such du%s5d was sSs9mpamasse ase
@ prisoner VIII criminal oasnse sssiGn:s, n: ::
S of BIZ the that Executive sSs % e
syvana and that the prisoner detained by virtue Of
s sS Of S
have any alternative but S remand the s
ss S q n%ss Sn% '
have any Jurisdiction to institute inquiry az to the
n but Sa the me is ta
affidavit, and II the facts exhibited appear insufficient
sas"Gs sSHsus Sa as s1% nas
cuse him of crime AGAINST the laws OF Pennsy
@ sas saeeney n" ' charge than to try
a. to bis guilt ae presumption saat o9 tre ssss
s court. % q Fen@sy yana;, Z !. not for on On
this II to aT aoS ne to laws
offenders against the peace and dignity OF that com.
aG anG e s Of IS
duty to remand the prisoner It appear that he be held
the Tpon other ay
the obligation OF the States to surrender ugdves from
In Of = this state refused to deliver up
fugitive from Virginia charged In Virginia with the
:ass R's sr%. of %s. s s %
Chancellor Kent rep1dated the position OF Coy Seward
SS SesSoE sas sd Of 49, H. Penn
Law w:n% sSH M the In ns 'Sna
trauduleDtly aSsracting money from tn the 1urT1lvle
which the act wac made criminal and punishable
BY fine only eontended on behalf Of the prisoner
answered IAN ofrense Of highly immoral character is
stated in the warrant and certified by the Governor Of
that I State This evidence enough in h stage Of the
proceedings the nature the oense In the matter
g" to What IS the SUTs,
charged against the prisoner, for We have only TO
the State from which the party alleged t0 have been
fugitive" And D the matter Of Fotter. e Zab s the
Supreme Court Of New Jersey, in reply TO the objection
that the Indictment did not show Ofense at cOmmon
law held be sufficient that the Governor Of Calfor-
MIA certified that the prisoner charged with crime
against OF that State In the State agt Schemn,
Harr, S7l, Ch. Booth declared. that II in return TO
the writ habeds corpus appeared the prisoner was
arrested and committed In conformity TO the
act OF 1903 Judge had alternative but TO
remand him into custody See also matter Of Adams q
Thus as well upon authority by force Of the express
provision Of law conclude It is my duty to remand the
prisoner. In deciding an but carrying into effect
the peremptory mandate Of the Constitution and acting
in obedience those obligations Of comfy which should
ever subist and be operative among the States OF the
Union Should discharge the prisoner, possible Grim
inal will escape the chastsement provoked by the Of
fense which he Is accused. Should the event
him guess Of crime it is not TO be doubted but the i'm
partial aud intelligent Judiciary Of Pennsyvana will
give him q safe delverance.