New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-26

Investigation, iDaSmuCh as ~ docs not
defendant with these proceedings In any way
The Commissioner decided 10 accept the warrant l"
evidence pending proof ~ TO its materially
Mr. Marbury-Q. This warrant was placed IN your
hands for the purpose OF executions N feS' o"'
Mr. Brooke-I wish to say that there is no evidence
that authority gwen 70 this gentleman W
this warrant. TT
The witness continued; did not see syonc' n
Waterlow sign the warrant; did not receive u
received IL from the MessrA Freshfelds sootors ,oi
the Bank OF England; know thoy are sohcitors " wy
Bank because have done business TOT 'neih uu' ~"
lac, On voars in connection with the Bauk OF England
as member OF the police force am acouS'on'U :"
having warrants placed in my hands LOT eAoouvn
Mr. Brooke again objected 70 the line OF eAamna''o
dopted Inv Mr. Marbury and to the acceptance Oh inc
warrant In evidence Mr. Marbury replied that the ao'
~ ,seo normits warrants and dispositions 10 De gwen IN
evidence provided they are In conformity win 'i0 VIM
no ursprudeuce of the country from which they came
This warrant Ia made out in the form IN wch SUCH ao
| granted and issued In the City OF London
MISS dRRY's TESTIMONY. L..
N,o t,rances Grey testified: reside at No 30 Tatch
brook at Pimco London; arrived In this city yester
dav. know the prisoner; met him last month cont
emember the exact date he then lived at No. IT 81
Jaues,spiace visited him inhs rooms there once; at
AT his request went 70 Liverpool early this MONTH
O. For what otJeoti A. expected TO meet MT Mao
| donnell there and come to New-York with him;
! reached Liverpool on Thursday March 6; Macdonneu
said we would sail the steamship Peruvian OF the
Allan line the next day he did not come TO Liverpool
40 returned to London, leaving Liverpool on FRIDAY
night: the time him was on the day went 10
the Euson station to take train for Liverpool lett al
q15 o. NJ March s. was speaking to him two hours be-
fore outside Gety's West End he came in there TO
sneak to me- we went outside and he gave me money to
take me To Liverpool.
Mr. Da Costa-Q. What, If anything, did Macdonnel
then say TO youi
Mr. Dos Passes objected that 1.-THE lady was produced
simply to identify the prisoner. What passed between
them I'm conversation was immateriaL The objection
was overruled.
The Wtness-He told me he would meet me at Liver
pool on my return to London went directly to his
rooms at St. place; that was on Saturday morn
ing March g. about O'Clock; did not IND him there
and this is the first time have him since; first
become acquainted with Mr.. Macdonneli IN December
| last.
q. Have you ever seen him In company "lth uian
! who went by the name OF Noyesf
LEGAL oUIBBLEs
Mr.. Brooke objected 10 the question he SAID that
properly the OF procedure would be TO establish
by competent legal evidence that one OF the crimes
specified in the treaty of extradton has been com
mitted and IL that proven then TO establish the
prisoners completely. IL is not yet proved mat an
mitted and until that is done, it is out OF the regular
order of proof eneayor to show any connection Oh the
MT Da Costa replied that considering the difficulties
the prosecution lab0red under. they should not DE hed
10 the strict order Of proof and he asked the COmnls
soner to exercise his prerogatiye IN gIanuhg tnem
leave TO proceed Mr. Marbury also depFecsted tne eH
of extreme nicely az to the order OF proof III sucn
case the present. The accused is fugitive from
usce the papers had to be hurriedly prepared com
mumcaon by cable Is not so Satisfactory as o9uu oe
wished and therefore they claimed the order oil PROOF
| to be sufficient.
MT Brooke replied referring 10 the evidence sought
to obtained through the question as utterly nadns
sbe on the grounds that there is no proof OF the com
mission of any oense described In the warrant. Mr..
DaCOsta said he intended to snow mat the prisoner was
frequently in the company or EDWARD Noyee VINO
is now in the Old Bailey IN London, on the charge of
forgery on the Bank Of England Jointly with the ac-
! who, it Is said, has been arrested in Havana
Mr.. Brooke-Conspraoy is not the subject matter OF
this inquiry, and even II you prove H. uoes not come
| within the purview OF The treaty.
Tue objection was oyeTruled.
| The Witness-I did not know the mans name but
recognized him in the Old Bailey the man whom had
seen with Mr.. Macdonald several times went to the
Old Bailey at the request of one OF the officers OF the
CITY of London identify Noyes; the prisoners there
were all marched around and pointed out Noyes
O. Look at that picture "a photograph have you ever
seen ne person 1t representa- A. have;-in my own
in compa3y with Mr. Macdonnei several times he
| told me his name was Theodore Bingham
| AN ENFORCED VOYAGE.
| Crossexamined by Mr. Brooks--I arrested at Eus
ton station on my return to London from Liverpool;
sailed for this city last Thursday week in company with
Sergeant Webb and under his oharGehe paid my passage
and is TO bear the expenses incident to this trip when
coming here agreed ITO do whatever required of
PEELED; was not taken into custody when arrested
was released after an examination OF my prop
! ready; l was told I could be proceeded
! against. but 1 don't remember by whom; some
friends said that my pOsiti0nIwas rather AWKWARD
defective officer directed me office of the bank
solicitors have been IN this country before
made objection when told TO get ready to leave
England for America within three hours; / did not
SG6 s 9ad no Cu to 20 re
certainly expect to be compensated for my trouble;
webb am stopping at the Clarendon Hotel; intend
to return 10 England as soon as can; 90 not know
the of the person whom recognized III the Ola
AN ADJOURNMENT FOR TWO WEEKS
Officer Philip Farley OF the New-York Detective force.
testified to arrest of George mcdonnell board the
steamship Thuringia Thursday off Quarantine. Here
Mr. read the following affidavit making 1t the
| basis Of motion for adjournment for two weeks:
In the Matter of the ErtradttiOn Of George Macdonald
Southern District o. Ne1o York, S.; Charles NJ DaCosa,
being duly sworn, deposes and that he is member
of the firm Of Blatchford Seward, Grswod DaCosta;
that his firm has received this day from MessTs fresh
a telegram in which the following sentence occurs:
Full deposirions certified by Consul 60 BY special
| messenger this evening" CHARLES NJ. DACOsTA.
sworn to before me this 18th March, 1873.
| JOSEPH GUrMAS, jr., u. s. Commissioner.
Mr.. Brooke objected to the adjournment He asserted
that sufficient time had elapsed since the issue OF the
mandate for the prosecution to have gathered all the
proof The prisoner has been incarcerated
since that tDe aud permission is asked, because
there no evidence Of his connection with the
has been Communicable deprive him of his liberty
Mr Marbury in reply spoke of the practice usual in
He did not expect hear objections OF this
character fitted rather for police court than the Court
OF Commissioner Of the United States. Where there
evident good faith and reasonable ground TO believe
that great crime has been committed every indulgence
allowed TO the prosecution in the spirit Of desire
the part Of the Commissioner rather TO carry out the
of Congress than to shield prisoner. IL is com
mon thing to allow adjOurnmens under such cirouIn-
| stances. Delays are not avOdable.
| Col. Fellows replied that the practice quoted by Mr.
Marbury entirely at variance with the course pur
sued in local courts He yentured to say that mags
trate would hold the prisoner upon such evidence
has been adduced. 1t not sufficient that the Commits
should have reasonable ground 10 suspect that
| the crime has been committed. He must have
first complete and indisputabe evidence that crime
| has been committed; 1t must be established
| irrefu n he ma