The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-10-10

1867, 20 collect certain claims Of the said State Of
Pennsylvania against the United States. which had
before that tune been died IN The proper department.
at Washington; that the said George q. Evans, by
virtue Of his employment as said agent, received
SAID United STATES, to wit: ON the "a day OF May. A.
d. 1867 the sum o. $7s.5lo, ON the eth day Of
day OF Apri, 1871, the sum OF sl3l,ss2; the l5th
day Of May. 1871, the sun OF s242 l61; and on the
ed DAY Of June ls7 ht tae sum o o. ana aas
anu tune, aforesaid, az the county OF Dauphin, In
the state OF Pennsylvania did wholly neglect, fan
an1 refuse 10 account Tor the SAID several sums OF
money so collected and secured by him. by virtue OF
nis employment as special agent aforesaid, and did
sioresaia; dld frauduently take and con.
use OF some other person or persons whose
names are 10 tins deponent unknown. 10
further saith that the 18TH day OF August 1871 at
the county II uauphin, aforesaid, deponent and the
Auditor General demanded payment oil the said sum
from SAID George D. Evans ana that the said
George 0. vans mas thence hitherto failed to com
ply with said re u 81 contrary TO the form OF the
act ofAssemby IN such cases made aud provided
a ID against The peace ana dignity OF the Common
wealth OF Pennsylvana.
sworn aud subscribed before me thus sJtn day OF
August 1871. d. A. KEPNER Alderman.
rant ana airldavit the Governor OF Pennsyl-
yania issued his request to the Governor
Stale to aid and assist IN returning Evans as
fugitive from justice In that state. To the
promptly responded by ordering the arrest and re-
turn or the fugitive AT once. Evans then procured
his discharge and alleging as q principal ground
for such discharge that me allegations set iortn in
the alidavt OF the state Treasurer do not, by the
laws OF Pennsylvania, constitute u crime.
JUDGE MCrNN's OPINION.
After according to this case the consideration
which it, Importance and difficulty demand, nave
concluded NOT to discharge the prisoner. BY sec
toa two article four OF the federal constitution It
up q person charged with treason, felony or other
CRIME In the State whence he has escaped. By on act
what t"' occasion ana BY what means tho sur
render OF the fugitive criminal snaH De
two Conditions only. are made Indispensable to
legal anu nperat We demand fov the delivery OF the
iyye namely sss tns aSs q Of
ing the person 20 demanded with having committed
treason. Eel ny or other CRIME and secondly, that
such Indictment or affidavit be certified anthem
tic by the Executive OF the State whence the pris-
oner mas fed. In the case before me It appears ny
the return to the writ that the Governor OF Pennsy
wanna has made formal and sufficient demand on
the Governor OF New York for the surrender OF the
prisoner with criminal! offence against the laws OF
rennsylvania; that SAID aiIldayE Is duly au-
and that the prisoner Is detained by virtue OF q
formal and SUFFICIENT warrant OF surrender issued
this circumstance have any alternative but to re-
mand the prisoner TO the custody OF those who hod
MIN IN charge Tor the authorities of Pennsylvania
Il Is not pretended that have any jurisdiction to
Institute inquiry to the truth OF the accusation
alleged against the prisoner, but the contention
facts exhibited appear insufficient TO constt
tate crime that should denver him from custody
But as conceive 1t suifces II the AFFIDAVIT accuse
HIM OF a crime against the laws OF Pennsylvania,
ana have no more authority to hear demurrer TO
the sulcency OF The charge than to Try an issue or
tact as to his guilt. The presumption - that II tho
allegation crime be either deficient in substance
or fse IN fact the prisoner VIII be acquitted by the
courts OF pennsylvania. 1t Is not Tor on this
proceeding 10 auJudcate upon the laws of Penn
sylyana, nor have any commission to try offenders
against The peace and dignity or that common.
wealth. BY the plan and peremptory PROVISIONS of
the ielera constitution and the act OF 1853 It Is NV
duty remand the prisoner IL 1t appear that he be
held in pursuance OF the demand and surrender
prescribed by the statute. Upon any other construc-
ilon law tae Obligations OF the States TO
renuer fugitlyes from Justice would become an Idle
ana nugatory requirement. In 1889 the Cover
nor OF This tate refused to deliver up fugitive
Iom Virginia, charged In Virginia with the
offence Of stealing slaves, on the ground That no
sucn crime was known to the law OF New York, but
Seward as obviously ana utterly untenabo. q Is mt
Conan. 81, note., And Of The same oPipion was me
page 4ls tenn. Law Jour, sl2.l In the matter OF
Jonn 5. Clark @ Wend.. 21D, tho, prisoner was
from the Burniviile Bank, In the State OF
Rhode island, by the laws OF which the
ACT was aae ctea ana nn ,opsa 81 tne
prisoner mat no crime ID been committed. The
Court anSwercd-"An OieuCe OF u highly immoral
character stated the warrant and certified by
the Governor Rhode Island TO have been made
criminal by the laws OF that State. THIS Is evidence
enough IN tnis stage OF the proceeding OF the
nature OF The offence" In the matter OF
tins Court sad:-'lt Is immalerial TO
cons der what is the nature OF the offence
Charged against tine prisoner. for we nave only 10
consider whether il be crime according TO the law
OF the state from which the party Is alleged TO nave
been iugiiive." And IN the matter or Fet-
ter g FAB, Sill, the Supreme Conrt OF New
Jersey. IN reply 10 the objection tnat the indct.
ment did not show an offence at common law.
he Il it 10 be sufficient that the Governor OF Cali
forna certihed that TIE prisoner was charged WIN
crime against laws oil that State. In The State
Scnlemm 4 Harr SD Chief Justice Booth declared
that IL III ,elnTa To The writ OF habeas corpus, 1t ap
peared tue prisoner WAS arrested and committed in
conformity TO the provisions OF the act Of 1923. the
Court ur Judge had no alternative but TO remand
him into custody. See also matter OF Adams Il Law
KEEP, $50.
Thus as well upon authority as by forco or tho
express provision Of law, conclude 1t Is my duty 70
remand the prisoner In so deciding am but car
ryng into eject tie perempt0ry mandate OF tho
constitution and acting in Obedience TO those oDi.
gali0Ds of comfy winch should ever suosist and be
operative among the States oil the Union. Should
discharge tue prisoner, possible criminal Will
escape cnastsement pr 'voked by the offence OF
cu,ifless OF crime, i5 Is not to he doubted bur the
Impartial and incl igent judiciary OF Pennsylvania
Will give hun sale deliycfance.
SUPERIOR CcUNT--Tal TEA1-2AHT l.