The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-03
UNITED STATES CIRCUIT COURT.
The Bank of England FOrgcries-Argu
ment ON McDOnnell's ExtraditiOn-In-
terestinp PrOceedinus.


ment ON McDOnnell's Extradition-In-
teresting Proceedings.
Before Judges Woodruff and Batchford.
Yesterday the case OF George Mcdonnell, who is
charged with completely in the alleged forgery upon
Bank of England, and whose exradition warrant
had been made out under the decision Commissioner
GutInan, was brought before Judges Woodruff and
Blatchford in the United Circuit Court on writs
OF habeas and cerorar for the purpose
tanning by what authority tie Marshal held the prisoner
in custody and also review the proceedings had
Commissioner Gutman.
Marshal Fisk made that he held the prisoner by
virtue Of Comm ssioner Gumans commitment and also
by virtue OF the mandate OF the Secretary State which
has been recently issued for the exradltion Melon
nell.
government Mr. G. A. Seward and Mr.. c. M. Da Costa
for the Bank of England Mr. prisoner
Mr.. Brooke asked for postponement of the case in
order to enable him to closely examine the Marshars
Mr.. Da Costa objected.
ing that the Of the Marshsis must have
been known to M Mt BROOKE Brooke e. ru, nr-u.x
Brooke read trayese to The return to the effect
alleged IN custody
q Sa
OF crimnaly, which, according to the law OF the State
Of aR
was kswise insufficient 10 Justify the prisoners deten.
ton As II was based on , &C., q the
s before to In open Court BY the
Mr.. Da Costa, In reply to the Court, said he did not
think WAS to make any response to the de-
which was handed him by Mr. Brooke, also the pro,
judge Woodruff said the traverse was one which raised
SaW on the esrora with the exception Q,
the charges on aa the Of
sasnord said the point wa, that before the
been discharged whereas the Of proceed.
Mr.. Brooke said that was clearly mistake, and he
ass S Ssy that the purpose of
the was to raise questions Of law upon the facts
San the point that prior to
s a o. az me @
that the learned counsel on the second con,
Judge Batchford-It is so alleged in the traverse
plicaton the allegation in the traverse The rrst
the second on eleven papers OF the same character
Marshal to the effect that held prisoner By virtue
the warrant rant q and hs that
Judge Woodruff said as he understood all the and
evidence which counsel might refer in this argument
contained in the returns TO The writs Of habea
MI. Brooke replied that was so.
to quas the writ of ceorri first the ground that
this Court had no 70 issue w nd OF ora hs
Court had that the issuing by the Executive Of the
Judge Woodruff said that point might be considered In
connection with the general argument OF the questions
now before them
the law bearing upon ex,radition, and concluded an
able review of the behalf OF his client contendng
that all the government could do to surrender after
would afford that proof There were In the first warrant
charges relating two io,gsrie, And in this proceed
dence at the time OF the discharge in the posses
sion 2, the demanding soyenmfn, Of the oaencs
Mould not be cSmpeen evidence there the cerca,e Of
proper testimony here There no such form Of est
" yas "a O. e S no
made the dispositions against hun nor was there any
don had authority to issue The this case.
There was no, OF evidence 70 SHOW mat aoa
to the possession Of the pri soner. -, 80,
The Court then at ha.past four o'clock adourned El
this morning. when counsel for the prosecution Will reply
Criminal Proceedings.
Judge Benedict sat yesterday in the court room
Chambers street. the despatch Of criminal business
With reference to the indictment against Simon DOMAIN
charging him with having consDired TO dcraud the gov
eminent by doing certain acts, in conjunction with
others at the Spring valley distilery, the Judge OBJ
only one OF them committed TO effect the purpose
aemeanor. The trial was fixed for Thursday next.
The Case OF Bcnona Howard.
Counsel for the government said that the case OF
Benona Howard who had been indicted for count
ing match stamps cauld not be tried this term.
0Mr Blanckman, counsel for the prisoner said he was
very anxious to have the tried II there delay
In the matter he would make motion to discharge the
on the ground that the act under which he had
found. This was tried In March last the Jury dis
agreeing, eight being Tor acquitta and four
Grand Jury was then empanslled, Mr.. q. w. Burton
rnsEzzLiso a LETTER IN THE posr OFFICE
Christian Harte pleaded guilty Of embezzng letter
from the Post Oifce and remanded for sentence.