The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-08

GUM for Trinl-Argument Before Judge
Curtis, OF the Superior Contradiction

The Effort to Send Carl voght to Bel
GUM for Trinl-Argument Before Judge
Curtis, of the Superior Contradiction
Reserved.
In the case OF Carl yoght, charged with the MUIR
der OF Chevaier de Bianco, Belgian nobeman.
and theft OF some fifty thousand dollars worth OF
stocks and securities said to have belonged to the
murdered man. the latest phase, as is well known,
Is the attempt to send him to Belgium for trial. As
primary step to accomplish this end application
was made to Governor Hoffman for warrant re-
quiring his delivery from the custody of
the Warden Of the City Prison, where
he has been imprisoned since his arrest
under commitment OF Judge Hogan to that Of
some person deputized by the Belgian Consul to
take him to Belgium. Governor Hoffman granted
this warrant, and Mt once writ of habeas corpus
was applied for before Justice Curtis, OF the Supe-
rior Court, with view to prevent his removal to
Belgium and compel his trial here, where, in con-
sequence of there being no extradtion treaty be-
tween Belgium and the United States, he can only
be tried for larceny and not for the grave offences
charged against him-th0se OF arson and murder
me case came up for a hearing at three r. M. yes
terday IN the Superior Court, General Term room,
before Judge Curtis. The prisoner was present, ac-
companied by the young woman said to have
fled nom Belgium with him, and claiming to be his
Wife, He shows no i'll effects from his confinement
in prison. He was represented by John H. Anthem
ana I'm. +. KNITTING as counsel while Assistant
District Attorney sullivan appeared for the people
and Mr.. l.. COudert for the Belgian government,
Mr.. Sullivan opened the argument. He alluded
to the Importance, In legal point OF view, attach
ing to the case and then recited the circumstances
of the alleged murder arson and larceny and his
subsequent arrest, indictment and commitment to
the city prison. In conclusion, he read the Gov
ernor's warrant and claimed its entire Justification
and legality under statute found In the first vol
ume, NTH edition. Revised Statutes, page 46s, which
statute gives the Governor the power In his dis
found within the State who shall be charged with
having committed without the jurisdiction of the
United States any crime except treason.o
Mr.. ANTIIoN made lengthy rejoinder. He took
as the text of his argument the decision of Chief
Justice fancy, In the case OF Holmes, whom the
Governor OF Vermont sought to extradite to
Canada, and In which an appeal was made to the
United States Supreme Court, and he held that the
Governor had no such power and ordered the dis
charge OF the prisoner He also cited the opinions
of various Attorney Generals endorsing the view OF
Justice fancy, and declaring that such power lay
wholly in the general government and that it was
unconstitutional for any State to assume any such
functions.
That the warrant OF the Governor was valid, and
In no sense could be interpreted as violation OF
lation of no treaty. He reviewed the arguments
adduced In regard to Judge Tareys opinion in
sistlng that II was simply eX parte, and further
that three judges gave dissenting opinions He
cited Counsellor Kent and numerous other authOri-
ties maintaining, as he claimed, fully the action
OF Governor Hoffman. In the course OF his remarks
he said that the United States was fast becoming
the Botany Bay of the word, and mentioned the
fact that a short time ago the Belgian government
pardoned from its pententaries, on condition Of
their emigrating to this country twenty murderers
eight forgers, eight incendaries, three burglars
lhree shOplilters and several others convicted of
rious other crimes. He thought it about time
should turn the tables, and commence by sending
back VOght.
Mr.. Sullivan read a letter from the Belgian Min
lister to Governor Hoffman, In which he states that
he has applied to the Secretary OF State for the
tradition OF Voght, and that Secretary Fish said
that they could not do So account OF there being
no eXtraditiOn treaty between Belgium and the
United States, and recommended him to make the
application to Governor Hoffman, and further said
that II the latter consented that the general gov
eminent would throw no obstacle In the way of his
removal.
Mr. Knitting said that, owing to the ateness OF
the hour he would not detain the Court by
lengthy argument, but would submit the and
asked for an early decision.
Judge Curtis adjourned the case till next Friday,
at which time he would try and give his decision
The case was an important one and required care
full examination. Meantime he remanded the
prisoners to the City Prison.