New-York tribune., 1872-12-02
TIE nELGIAN MURDER cAsE.
CARL YOGT DISCHARGED AND AT ONCE ri
ARRESTED.

CARL yOGT DISCHARGED AND AT ONCE RI
ARRESTED.
Cah Yogt, the alleged murderer Of the
Cheyaller lie Blanca, the Belgian nobeman, appeared
before Judge Fancher in the supreme Court satur
day, in obedience TO writ OF habcas corpus granted
few DAYS SINCE Attorney General T.. C. Barlow and A.
s. Sullivan, Assistant District-Atorney, appeared In
behalf Of the people, while the prisoner represented
by william T. knitting and Charles NJ. Marsh. The
Belgian Government represented BY L. c. COudcr
Brothers
Counsel for the prisoner stated to the Court that the
accused had been in custody since the beginning Of
April that on April "A an indictment had been found
against him for larceny, in stealing certain bonds and
bringing them into this country and Into this states but
upon this indictment he had been offered the op-
portunity OF trial. although for the last months
he has tried TO get trial He insisted that upon the
Governors Vogt stood discharged by the action
the Court OF Appeals upon the larceny lie therefore
asked his discharge from the indictment found against
him.
Mr. Sullivan briefly reviewed the facts Of the case and
pronounced the killing Of Cheyalier du Bois dc Bianco
Of the most atrocous murders record The pris
oner. he went say, stood in Court with his
hands red with blood and his garments crimsoned or
this he goes unwhipped Of justice he cannot be
back to Brussels, where the crime committed
in consequence OF there being no treaty between Bel
gum and the United statei Shall he discharged now
for the lesser Oiense OF larceny There is law upon
our statute book which says that any person who shall
steal in foreign country and bring such property
into this sta, shall be guilty of larceny. For THIS
offence Vogt stood indicted by the Grand jury. He had
not been brought TO trial upon this indictment because
the authorities hoped the Court OF Appeals would
the action of the court below. and then he would be
sent back TO the country whose laws he had violated
Ever since the decision OF the Court OF Appeals the
authorities had made every effort 10 fetch witness
from Brussels but he must confess far he had failed
and he could not say when they could be obtained
Mr.. Knitting said that after this statement certainly
the prisoner entitled 10 his discharge citizen
however humble or guilty can be detained in prison for
indefinite period.
Judge Faneher said that he agreed with counsel and
that however II TO be regretted that the ends OF
tce should be defeated sim he had only duty per-
form under discharge the prisoner
Tie writ handed to the Judge, aud he indorsed
his decision the back OF tho writ Vog who, in the
meantime. had occupied seat In the back part OF the
courtroom, and by the side OF whom the young
woman who has chung to him during his long inoarce
ration Immediately upon the news being communicated
by the interpreter OF Court Jumped up and
selling the hand OF his counsel, imprinted upon IL seve
raj KISSES and thanked him for what he had done In his
behalf After the prisoner left the Court he was taken
into custody under ciy order OF arrest Issued few
days at the instance Of the heirs OF the murdered
cheyalieT who Will endeavor TO recover OF the
stolen property II being said that the prisoner took
away with him over 100000 worth. lie conveyed
by the sheriff In carriage TO Ludowst. jail, where he
will doubtless remain during further legal delays before
Inf