The New York herald., 1872-09-07
T He COU r T s.


YORK ana brooklyn courts
UNITED STATES COMMISSIONERS COURT.
The Law OF Extradition-The Case or M.
Ahlandcr.
Before Commissioner Osborn
The further hearing Of the case OF N. Ahlander,
alias Magnus Anderson, was resumed yesterday.
The defendant, who Is Swedish subject, Is charged
with having, while acting as public ocer, to wit,
chamberlain, in the penal prison at Landscrona,
embezzled about 5000 rix dollars, the property OF
the Swedish government As already stated in the
HERALD the Swedish authorities have made de-
mand, under the treaty, upon the United States,
for the extraditi0n Of Ahander.
Mr.. George Fl: Forster appeared as counsel for the
Mr. Reymert continued his argument on behalf
OF the defendant. He said AT the last session 1t
was decided tnas sae d0camenpasy 3e Sv,dence was
put In in relation to an offence not committed by
the prisoner should receive no consideration what
ever. The complaint did not alege any offence
under the treaty; did 1t set forth aege any
thing as contemplated by the treaty. The offence
should be distinctly averred in the complaint war
% rant or Indictment II the prisoner had not COM
mtted embezzlement Of public money, as q public
onicer, he had committed no offence whatever; and
there was no proof at all that he was public off,
Ger OF the Swedish government. II they did not
charge in the complaint that ne was public
that he was such public oficer They might as well
accuse him Of murder No magistrate in the
issued on Information and belief, as was as done in
this case by the Acting Consul
The Commissioners may say that the Consul
has o right on information and belief, to make o
subsequently to back it up with evidence. As the
prisoner q moment upon it; but it is for you to
apply yourself to the questions whether the pris-
oner is public officer, whether he embezzled pub
lie funds and what ore the proofs as to his identity
These are the only questions upon which desire
Mr. Reymert said the evidence as to the identity
Of the prisoner was given by men who had been
imprisoned for crime IN the States Prison at Lands
crona; but he believed that the testimony. Of such
persons, tainted by guilt and suffering from the
disgrace arising from being criminals, would not
receive much consideration at the hands Of
the country by the Swedish government in
order to get ria Of them: Tney had
sd ns It q to ssaps ns s to
the accused was public officer; whether he was
chamberlain OF the Landscrona prison, there were
meant person who waited on the King; 1t also
meant a cashier, one having charge Of funds.
prison depended upon the evidence Of shoemaker
who, while walking in the street and alluding to
the prisoner said to another % person There goes
properly authenticated or exemplified papers, show
Ing that the prisoner was chamberlain; and this
being 30, he held that the Commissioner had no Op-
ton left but to discharge him. 1t was the duty of the
American government to look to this man as a
father would look to his child. He had come to this
country to seek an asylum upon Its shores, and 1t
would be unjust to send him back to Sweden.
to be degraded and ruined, and taken away from
his wife and children, unless, in the language OF
Judge Batchford, there was evidence such as would
prove his guilt II he were subjected to trial before
the S q ta TINS ne ad not
bound to follow this man into sweden df the Com
missioner decided to send him back, which he be-
according to law, and upon proper. legal and just
testimony. TO all tntents and purposes the man
thousands Of Others to cast in his SLOT lot with The
American nation, and It was upon no light and
frivolous grounds that this poor stranger without
of Q letter, should be torn from the bosom
Of the Republic, and sent back to Sweden
which would not for q single moment avail in any
Of our courts of justice: MI. Reymert then con-
clnded, apologizing to the Commissioner for the
stating that the Importance OF the case demanded
merits argument with considerable satisfaction and
pleasure. He had dealt with the subject In an able
Mr.. George n. Forster then replied on the whole
proceeded to say that, taking ali the testimony
Consul on the 9th Of June, when he made the com.
plant before the Commissioner Aside from the
dence, and also the testimony Of an under oficerin
the prison, who deposed as to the duties OF
Anander AM, and to the reception Of money
was precisely what the document said he was,
chamberlain in the prison." and this was COR
nection with the kilograms, one Of which described
the prisoner as q deraudeH Of public money, had
force which could not possibly be mistaken.
Counsel on the other side suggested that no offence
contemplated in the treaty was charged in the
complaint; but the complaint Of Mr.: Youngberg
was that Ahlander had appropriated public
funds" ana that was precisely the language of the
treaty. There was no doubt however. that the
American Minister had neglected to certify to the
legal force that the papers signed by Count
respects the requirements OF the law had been
fully compiled with by the Swedish government
the prisoner m got Leave o. absence from the 18Th to
OF returning, he goes on board the steamer Jason,
for America, and then followed an INSTITUTED TAX
Counsel called upon the Commissioner to believe
that this term 'instituted taking OF inventory
meant some form OF legal procedure In the Courts
ment furnished by the Swedish government was
evidence that crime had been committed by the
defendant. Counsel went on to argue the case with
missioner said he would render his decision on the
llth inst, or probably sooner.
Charge Against Sailors Boarding House
Runners.
The United States vs. Martin Churchill, George
Kuppen and Thomas Anderson.-The defendants,
who were arrested by Detective Kennedy and ON.
GERS Shaw and Kelly, were charged, on the COM
plant Of Captain Duncan, United States Shipping
Commissioner, with having boarded vessels In the
harbor without permission, for the purpose OF in
ducing sailors to leave. They were each held in
$1,090 bail to await an examination.
MARINE COURT.
Action ON an Implied Contract.
Before Judge Joachimsen.
John r. Werner va. Luis +. Saas.-This action
was brought by the plaintiff to recover from the de-