The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-09-05
He COU r r s.
Interesting Proceedings In the New
York and Brooklyn Courts.
The Law Of Extraditon-B Boarding House Run
-Ilegitmate Children-Business
in the General Sessions.
UNITED STATES conMlssIcsEsy COURT.
Important Extredition Cause.-The Rfgh
of SrzxexiiaHa Subject.

UNITED STATES COMMISSIONERS COURT.
Important Extredition Cause.-The Rights
OF q Swedish Subject.
Before Commissioner Osborn.
Some time since we published in the HERALD the
facts relating to M. Ahlander, alias Magnus Ander'
son. whO 1t Is alleged, is fugitive from the justice
Of Sweden. It is charged that Ahlander, while
holding the position OF public oficer as chamber
lain in the penal prison at Landskrona, In Sweden,
embezzled money, to the amount OF about 6,0o0 rix
collars, the property OF the Swedish government.
The accused was arrested In this city in the month
81 June last A demand has been made by the
swedish authorities upon the United States for the
extradition OF the accused.
During the past two months good deal of EVIL
dence has been taken on behalf both Of the prosecu
this and the defendant, and yesterday 1t was
summed up, Mr.. J. D. Reymert appearing for Ahlan.
der and Mr.. George H. Forster for the prosecution
Mr.. George H. Forster said the question for the
consideration OF the Commissioner was whether
the prisoner, Ahlander, was public officer and
whether he had stolen public money belonging to
the government of Sweden. Counsel read tele-
grams rom Stockholm In reference to this charge,
end alluded to the testimony of Mr.. Gripp the Sec.
that ne VINO case epUs sye
signed By Count P nnseS the Minister "' q
Foreign Affairs, whose handwriting Mr.. Gripp was
lamlllar with, and which he testified he knew. AS
70 the identity OF the prisoner there was the EVIL
aence Of Mr.. Crowley, the Deputy Marshal who
Immediately arrested him as the man he was look
ing for. The steward Of the ship in which Ahlan-
der came over also swore that he was that person,
end, In corroboratlon OF that, some convicts who
mad been In LandskrOna prison deposed that Ahlan-
iain Of the prison. the translation Of the swedish
cSSnse admitted ynat ASSnder hea the
position Of chamberlain in the govern
and even the documentar ry and oral testimony
established the fact that the prisoner held that
the fSn rn he by
rix dollars, and that while enjoying leave of alb:
sence for two days to go to Copenhagen he stepped
on board the steamer for America without any
object for such q voyage, without sufficient bag
gage for that journey and without means to
he ed
OF America for three months. AS stated in the
telegram, the prisoner was ignorant of foreign Ian
want Of means to return to Sweden, showed
that he desired to CONCEAL himself Mr..
pp9 sass that Ss sWsdh word
"Fan0,oarden och .ra,a0e'7ae e,ssktldt tuhortge,"
mean belonging IN part to the government OF
and Mr.. Reymert's translation Of the same words Is
belonging to the prison wardens and the prison.
means stated to have been stolen by Ahlander.
Mr.. J. D. Reymert for the accused, observed that
this was case IN which the patience Of the Com,
as brief as possible. matter OF eXtraditiOn was
highly important, and the Swedish government had
Ocea5 grab the prisoner and drag him back,
terms ; Of the treaty. The demand for e1traai;
the treaty and verified or original copy of the
judicial decree or sentence establishing the culpa.
the government claiming the surrender. The party
whose surrender was claimed must, under the
be public cs he must emDezzes
Bel read nom Brgnton's Digest" in support Of his
served that the documents on which an extradtion
legally authenticated. Now were the docu-
henta properly authenticated The first pa
Foreign Afrairs directing the Consul at New York
70 arrest Ahlander; and on that telegram Mr..
application, on mere Information and belief, be.
aSre the Commissioner 9r the arrest Of Ahla1der
Xoungberg that Ahlander was public oHicer or
that the money he was charged with embezzlng
was pu6nIc money This was rather nghannde9
and arrest him. There were kilograms sent. from
Sweden purporting to give descriptions of the prts
neS @ %e IN ws app Tose
he objected to on the hearing, subject to this ar,
Or evidence. Counsel quoted from Abbot's Prac.
tice, VOL I, page o. case In which 1t was held that
Governor OF one State could not make demand
upon the Governor OF another State for the removal
Of prisoner upon the strength OF telegram; such
demand must DO made upon copy Of the indict-
ment. There had been introduced IN evidence o
photograph purporting to be that of the prisoner,
but 1t was sworn by one of the witnesses for the
prosecution that 1t was the likeness Of another
The Commissioned shall not consider that
photograph in the case at all.
case. 1t appeared on the papers that NJ. Z. Wenn.
Derg, q philosophy doctor, went before the City
Court at Landskrona, and upon an inventory OF
money that had been In the possession Of Ahlander
begged the Court to declare what the law would be
ID case Ahlander had remained In the country.
inventory be made Of money that was not in the
possession Of the Swedish government This was
On the of d
court on which to ground the arrest of Ahlander:
Counsel then went on to attack the validity Of
and observed that they. completely fell to the
ground; not having upon them, as required by the
lar or diplomatic agent OF the United States resi-.
fent at the place from which the demand for ex.
tradition emanated; Now, when Mr.. Youngberg
cause his official character was not recognized by
the American government until the 18th OF July,
Then again, the mandate OF the President sanction:
ing the proceedings was not issued until the 5th Of
The Commissioned wish to interrupt you for
moment. 1t has been held in the case Of Heinrich
that Consul may make complaint fol. the ex.
mandate from the President, but that he must use
diligence In procuring 1t as rapidly possible. 1t
effected upon telegram, to get the mandate at
once. It must be shown that the Consul had used
diligence IN obtaining the mandate. The Court
held that at some stage Of case It was necessary
that the mandate should be produced
Mr.. Forster, In reply TO Q question W Mr. Rey.
authorization Of the papers. He admitted that
long ago; but he claimed that, outside OF the
papers, there was other evidence on which to hold
thu prisoner. He was in expectation every day OF
the arrival from Sweden Of properly authenticated
papers,
Mr.. Reyf1ert did not suppose that the Commits.
el0ner was going to keep the case open indefinitely
I The COMMISSIONER rule that, for the present
point.
Mr.: Reymert said that II there was no document.
nry proof there was no evidence whatever against
tne prisoner. Now, rs to his identity. When he