The New York herald., 1872-12-07
THE CASE OF DENIS N00MAN, THE
ALLEGED F0RGER.

Another POstpOaement-The British
Government Not Prcpar red with Their
Evidenee-tase Adjourned TO Tuesday
Next.
The case OF Denis Noonan, who Is charged under
the ExtradIton Treaty with Great Britain with
having committed forgery at Charlcve, county
Cork Ireland, was up again Tor hearing yesterday
before Commissioner Osborn.
Nh Marbury, counsel for the British government,
said he regretted to be obliged to ask another ad
iournment Of this case. Certain depositions and
documents which had lett Ireland had not yet
arrived. II was supposed that they were
coming either in the steamer City OF WASH
ington or in the CITY of Brooklyn, which
was disabled and put back TO Queenstown where
her mails. as he believed, were transferred to the
Java The Java was expected on Wednesday, but
had not arrived. He was not certain that the
documents were on board the Java, but the pre-
sumption was that they were. There was not
particle OF desire on the part OF the British gov
ernment to delay the case for a moment; but the
difficulty grew out oil the prcpalatio Of papers
the other side OF the Atlantic, and they were now
dealing In this country with an offence committed
in Ireland He believed the British government
had used due diligence in the case. He regretted
the delay, as 1t was attended with incon-
yeniencc and expense, aud he was ex-
RON ireland present. This oillcer had come
over with certain papers, and he tMr Marbury)
COulu 20 on WilH MS evidence DUr he dlu not be-
licve anything would be gained by this, as if he
now had the proper papers, lie would be able to
finish the case In one session. He therefore
asked an adjournment to that day week.
Mr. William +. Howe, counsel lor the prisoner
strongly opposed the adjournment and moved for
the discharge Of Noonan The law required that
within reasonable time the accused should he
prosecuted. They had nothing to do with delays
OF the British government. The moment the de-
fendant placed hls foot on the soil of America he
was entitled to Its protection. Tue man
not scintilla OF evidence had been adj
duced against HIM. lie Gir. Howe had
a right to assume that the British government had
one oil murder or OF treason against the govern
ment he grant that the application for postpone
ment was one that might be very properly conceded
But In view OF what had transprcd when this mat
ter was last before the commissioner he (Mr
Howel submitted that the prisoner ought 10 be now
discharged.
police officer from ireland VINO landed here on
the 4th OF November, said, in reply to the Commits
sioncr that he brought over certain papers In
ence to the and had given them to the British
Consul.
Mr.. Marbury said that these papers were not
drawn IN proper form, and the Consul was, there
fore, obliged TO telegraph pack 70 his government
to send out papers regularly prepared.
Commissioner OsborA--The accused had been in
custody under his warrant since the 10th Of Octo
ber. There was no evidence % show that the docu-
ments expected by the British Colsu' were on
board the Java In view oil the length OF time the
prisoner had been In custody he would only ad-
journ tins to Tuesday next, and II the papers
were not forthcoming then or If evidence was not
laid before him that they were their way he
would discharge the prisoner. The Commissioner
had no discretion in that matter, but II Mr. Mar.
bury would consent TO 1t he would willingly enter
tain the question.
The case was then adjourned till Tuesday.