New-York tribune., 1873-04-10
THE COURTS.
THE ENGLISH FoRcER.


LrcA1.vy OF THE PROCEEDINGS UNDER TIIE EXTRA
DruON TREATY.
The argument on the babeas corpus in the
se 81 George aiacdonne. the alleged Bank England
or,er was resumed yesterday, before Judge Woodruff
AZ having found az his residence the missing return 20
=. writ OF ccrorari. Mr. Brooke put The writ IN evil
le1ce said that the proceedings already had in the
natter were under Article 10 OF the treaty Of 1S42 be-
vccn the Government OF Great Britain and the Govern
me- OF the United States. and rccted great length
che % be pursued in arrcstiug alleged criminal
auder that article. He then argued thar Commissioner
Gutman had no Jurisdiction over MacdonneI, because
lhe Presidents mandates, from which commissioner
alone derives jurisdiction In extraditon is insult
scen and informal In that IL does clearly describe
he o8ense alleged 10 have been committed and that
does not describe the Oense charged in the complaint
Mr Brooke then argued that fer the following
The Commissioners warrant aud commitment are IN
formal and insufficient;
FIRST They do notset forth any specific Oense with
sufficient ecarness 70 enable the Court 70 that any
specific oense has been committed. Second The prs-
oucr described the complaint George Macdonal.
or Maod0une while he is described in the warrant and
commitment George MacdOnnen. THIRD Neither the
warrant nor the commitment shows that the President
issued his mandate the arrest OF Macdonne Fo'uTh
The warrant does not up that the ofense alleged to
have been committed Is constructive forgery under
the local statutes Of England containing elements COM
mon 10 the jurisdiction both countries IN other
words. that it is ofense at common law"
Mr. Brooke closed his argument by saying that every
intendmeut was 20 be taken against the Government
and in favor OF the prisoner and offered 70 show, 10y the
evidence taken before the Commissioner. that the pris
ner had committed no ofense against the laws or the
Iauk q England; but Judge Woodruff refused 20 allow
li do saving that he had nothing % DO az pres
eut with the evidence on the examination before the
Cnuu-s Mr. Brooke thought the Judge dld mol
Understand The Judge thought that he did,
and compelled Mr.. Brooke 20 cOntne himself 10 what he
h go SAY @ the validity or Iyauqity OF me papers
relative point issue. Mr.. Brooke also raised
he point that the Commissioner was, contrary 20 law,
holding the prisoner for the purpose oI obtaining eYl-
deuce against him.
Nr a Costa renewed his motion 70 quash the writ Of
corpus, the ground that under the treaty
rrcI TO- the Court has no power % issue snch VIII 70
commissioner sitting IN cNrdIton cases, ana tilseu
special POINT that iC could not be issued 20 Commis-
-.lltr pending the proceedings before Inn. Counsel
then c0utended that the Commissioners warrant ana
necessary 20 draw them with the nicely OF an n0lct-
ultut but thar 10 sufficient n they set forth the
features OF the alleged Ofense. Referring 70 the
charge that the Commissioner gaming d0JOuIh-
meurs holding the prisoner contrary 70 law that
evidence against him might be- obtained, Mr. Da Costa
reviewed the history Of the ana claimed tnat the
LC British Government had put IN all OF It's evidence
against him. The prisoner, be continued, " Is one OF
tc best educated and most expert i0rgers M the Woidi
served fllsou 4ul 4oi-
geIlc committed In tins city. he ls dangerous man.
.no that We have caught him. we ntend to nod Oh
Wien accused OF having been convicted Of forgery.
Mcdonnell q low voice, said 10 hls counsel, " anu
uUt lle mcdonnell who imprisoned Tor forgery
Gi Da Costa closed MS argument by saving that good
ltl toward Tile bllLeh Government qlftu tlt OouIt
the prisoner de satisfied that the var
-f and commitment Illegal and not % discharge
, Absolutely. Mr. Marbury discussed the general law
governing proceedings under eXIrddltlOn treaties ana
a.1lltI f.aI u tins case the law had been complied
a-tl. Juugc woodruff reserved Als decision