The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-26
THE BRUSSELS MURDER.
The Accused Brought Into the United
States Court on HabeaS Corpus.
Has the State Of New York the Right to Ex-
tradite Where the Federal Gov
eminent Has Not!
ANOTHER EFFORT TO SAVE VOGT.

The case or Joseph Stopp, alias Carl vogt,
charged with the murder OF M. q. Chevaler
Dubois Blanca on the I'd OF October, 1871, and
the burning OF his chateau situated Just outside OF
the city of Brussels Belgium, up in the United
States District Court yesterday morning before
Judge Blatchford. The case and the proceedings
thus far taken In it's connection are rather pecu-
liar, and involve very grave question, viz. the
right OF State to extradite prisoner in face OF
the fact that the federal government possesses no
such right where a treaty OF extradition does not
exist between this country and the country where
the crime was alleged to have been committed. 1t
will be necessary to briefly review the particulars
OF the crime with which vogt stands charged to get
at the unconstitutionality Of Governor Hofrman's
action.
Vogt arrived in this country shortly subsequent
to the murder Of the Chevalier Blanca. He was
arrested In the city OF Philadelphia telegram
from the Brussels authorities, and taken before
United States Commissioner Shields in this CITY,
The Belgian Consul here applied for his extradi-
ton, but upon examination it was found that no
treaty existed between the two governments.
consequently V0gt could not be sent back.
Part OF the bonds stolen from the Chevalier
were found on the person OF the prisoner A
warrant was then sued out from the General SEES
sions for the arrest Of vogt on a charge OF grand
tody, after his discharge by Commissioner Shields
and lodged in the rombs. This could be done on
the ground that where a man brings stolen goods
into this from another country he can be extra
dited and tried for the offence where the theft was
committed. Such Is the gist of an old law Of the
State OF New York. On this warrant, then from
the General Sessions, and upon the decision OF
Governor Hoffman to the above effect, Vogt was
kept in the Tombs preparatory to shipment to
Brussels.
To-day writ issued by Judge Blatchford, on the
application of Messrs. John L. Anthem and william
+. KNITTING, counsel for the accused was return
able. At the time appointed word was sent from
the TombS that the prisoner not held on a
charge of MURDER but under the jurisdiction OF the
Court OF General Sessions, on warrant charging
grand larceny, and therefore 1t was not imperative
on the State authorities to comply with the writ
by producing Vogt.
District Attorney Garvin. who, with Mr.. A. s.
Sullivan, appeared for the people, said upon the
case being called VOgt was committed by Justice
Hogan on charge oflarceny, he having been sub
sequently indicted by the Grand Jury. He was now
held on that Indictment.
Judge BlatchfOrd said, In reply to Mr.. Anthem,
that he had no cOgnizance OF the action OF the Gov
ernor. He then, upon suggestion Of Mr. Garvin,
dismissed the writ, and almost Immediately after
the prisoner was reconveyed to the Tombs
Now, here Is the questionable the State of New
York the right to send the accused back upon an
application from the Belgian government when, If
such application was addressed to the United States
government, to which it should properly be ad-
dressed, 1t must have been refused, no treaty
exists between the countries, nor does or can any
exist between Belgium and the State of New York ?