The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-24
THE BANK OF ENGLAND FORGERY,

The Case OF George ACKNOWLEDGEMENTS
| stOner Gutman's Dcciston-The Pris-
Oner to BE Extradited.
United States Commissioner Joseph Gutman yes
terday rendered the subjoined decision in the case
Df George Mcdonnell, the alleged iorger on the
Bank OF England, for whose extradition the Brit
Ash government has made a demand upon the
United States 1t will be seen that the decision is
adverse to the prisoner:-
THE DECISION
In stating the conclusion to which am led by the evil
discuss again the competency of testimony It was
carefully weighed by me. and views thereon given
Quoting the pr and contested fragment BY
sE9sasi,ss fertility Legal, resource Tor which
raised IN s nd no a the e
change my views as heretofore expressed and think
9 the defence II this Than has probably been here
There were however advanced by the learned coun
pei the accused the close of the testimony three
hat dssSsss sSsS
before myself to the question OF alleged crmi
Is 81 these is that there is want Of Jurisdiction
The arrest This subject thoroughly discussed and
On o grounds at a FOR Taced ass
nom the rule then asserted BY me, - ,,..,..---,
% e en- had asd u a e
.xha.sed hereunder, and that there was no tight in
sne to Issue the ec ,e mandate while the
charging the same me-. Giienfs mo .on. -, ,e, -
virtue OF the mandate but under the warrant second
aea BY the EXECUTIVE
has no authority TO review, question mpeach and
charge ,oT offence but other and distinct charges
many mandates IS may be deemed cxpedient ' :
Gel the depositons offered evidence are not
face they purport 10 emanate ror magistrate Of Inn
and special M and there proof before
say in this regard that the provisions Of the act Of Au
ss &c a az a sfh n
isp'ay ana legally esvsa ef Similar
BY xba the ,5s q The o sbs fS sSs
or consular Ssr Of the nsd Stats @
such documents are authenticated The sole question
N ST. SssS
legally ate ne@
The tribunals Of the United Kingdom OF GREAT Ssa
70 be received by the Of the said Sns ID as
evidence q the crninaty Of &C., mentioning the
come TO the question to whether in my opinion
sustained BY the evidence, il view esrnestness
~ ee 9r 5S n b mas
duced order TO hold him hereunder such as
The act Of SugS. i iss and Sricy quote from tho
1pOn Of His hsnsr Judge lac s N the as1
sroxdss mat The dsiss.y g The ae@snaas
Ing to the q b pas who're %as The Il.
prehension and commitment trial II the crime and
offence had there been committed The learned Judge
In the FareZ after citing Chief Justice Marshall TO
the same purport say that The evidence mus
De such require the conviction OF the prisoner III ne
were on trial before petit jury would applied 10 cases
OF exradition work great Injustice. The theory on
winch treaties extrndton made that the place
where crime was committed Is the proper place IN
wnicn 70 Try the person charged with having commit
~. W anu nothing u required TO warrant extra
SSe ss the @ s be- s a
commitment Tor trial for the crime. This is the estab
Aasneu RUE as 70 ue evidence in extradton am
not oas what would be the effect Of the evidence
tnc accused or Trial but TO ascertain VI IL IL such
character as should ensure his commitment for trial on
che merits and applying this rule this case, after
very careful and earnest examination
Of the evidence arrive at the conclusion that The doeu
mentary and other proofs Introduced before me are
fncient 70 and sustain the charges
The warrant The accused Is, therefore committed h.
The custody OF the United States Marshal Of the Sontherp
District OF New York. To await the action OF the nroper
mil