New-York tribune., 1873-05-24
MACDONNELL COMMITTED FOR TRIAL.


TIE COMMISSIONERS DECISION AS TO HIs ExTRADI-
UOE-THE CHARGES IN rIlE WARRANT SUSTAINED
"A WRIT OF HABEAs CORPUS GRANTED.
The extended prOceedings before o. $. Com
missioner Gutman III the oase Of George Macdonnell,
who is charged with compIcty IN tno tate forgeres on
the Bank OF England, brought 70 close yesterday
by the announcement Of the Commissioners decision
AT o'clock Macdonren appeared at the Commissioners
office in the custody Of United States Dep
uty Marshals Kennedy and Robinson He looked
sprightly, better dressed than ne has
been upon anYs occasion since the opening OF the
case aud seemed relieved that termination OF the pro
ceedings was at hand Mr. Da Costa appeared for the
Bank OF England Mr. Marbury FOR the British Consul,
and Charles w. Brooke for the prisoner. There were
also present Russell Gurney, Recorder OF the City OF
London and one OF the Commissioners appointed under
the Treaty Of Washington Peter Williams, member OF
the firm .reshheds the solicitors to the Bank OF En-
gland London Judson Jarvis, Chief Of the Order OF
Arrest Department. sherif's Onieei Serseants WeDb
and Hancock Of the London Detective force and many
spectators Commissioner Gutmaa IN delivering his
decision said
Inow come TO the question as to whether in opiu-
ion the charges forth IN the warrant and complaint
r sustained BY the evidence and OF the earnest
ness with which the counsel for the accused lis
throughout the cntre proceedings eonWnued that INC
evidence adduCed in order 10 hod tae prlsuner tet
rulpr must be such as would insure 4 conviction If he
trial. l refer 10 tue act OF AuP IL lofs ana
briefly ouote from the opinion OF his Honor Judge
Pacoford in tire Fareg extradtion case. Section OF
OF Aug a. l6iS provides tuat tie delivery 70 te
demanding Government shall be upon such evidence
OF crimnality as according TO the laws OF the place
where Le fugitive or person so charged sha De Iouhu
would Justify his apprehension ana commitment Tor
trial II crime ohense hRd there been committed
TINS the established rule as 10 the evidence III an
extradition am not to say what would be the
eect of the evidence the accused on trial. Dut TO
ascertain 1t 10 OF such character - should insure ms
commitment for trial on the merits; anu applying Uls
TO these proceedings, after very careful ana earn
est examination and consideration OF me eyidenc ar
rive al the conclusion that the documentary ana oiner
proofs introduced before me sufficient 10 establish
sustain the charges set forth in the warrant The
accused rs therefore eomniod 70 the onsiody ot thc
Marshal OF the United States FOR The Southern District
o NewYork to await the action or tue proper author
ties.
Mr. Brooke then took exception to the CoInmissoners
decision, saying:
except 20 tine commitment and finding OF the Com
missioner tor want Jurisdiction over he person OF te
prisoner and the subject matter OF tle warrnt there
UNDER the decision OF the Commissioner with respect
a ma gsratc, IN the original prOce dings, OF foreign
Government. and To the decision Of the Commissioner
prisoner OF OF the charges speched IN the warrant
complaint aud mandate, and cOulDrenendeu d within
the PROVISIONS OF the treaty, upon comp Oent tesJny
The exception being roted by the Commissioner, he
then made commitment and Mlclonneu soon
after left the courtroom FOR LudOwst. jail in the Gus
tody OF the United States Mlrshals.
c. W. BROOKE OF Garv!n, Fellow Brooke, went yes-
teray before Judge Fancher who ut the time hold
ine Chambers OF the Supreme Court, and applied for
a writ OF habeas corpus, directed 20 United States
Marshal oliver Fisk, DaSing his application on the
claim that Maedonnel is Illegally confined as Com
missioner Gutman had not proper jurisdiction
OF his person subject matter OF the warrant on
which Macdonnel arrested, OF the charges set
forth in Il that his imprisonment ordered on IN
eompetent ana insufficient JestIm1ny; that ofense
embraced within the provisions OF be 10Th Article Of the
treaty between the United states and England OF Aug
O. 1872, under which tue proceedings we're had, was
established and proved before the Commissioner TO have
been committed within the jurisdiction Of the United
States Judge Flneher him tho writ as well as
writ OF certorari directing Commissioner Gutman to
certify the cause Of Imprisonment and detention with all
the testimony taken before him. The wrts we're served
soon afterward 1t astonishing how rapidly news OF
mis- character win travel through the courts. BY
o'clock in the afternoon everybody seemed 10 know 1t
and we're Discussing probabe result The writs are
returnable on the 3Oth inst when Judge Fanchers
position and power issue such writ ia e1traduon
cases will probably be tested.