The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-08
else as tine law OF the court and its practice re-

else as tne law OF the Court and Its practice re-
MI. brooke commended that the traverse was pre-
else and specific enough; that IL conformed to all
the requirements OF the law, and with the view OF
Farez reported In TIN Blatchford, u 8 r., page 49,
Mr. Da Costa replied to this by observing that
the case OF Farez did not apply TO the case now
Judge woodruff said he believed the view ad
vanced by Mr.. Da Costa was correct as to the want
on this BELIEF requested Mr.. Brooke to plead s0me-
what mere specifically In the traverse.
demurrer. which was SUBSTANTIALLY the same Is the
traverse with the exception OF an averment rs
ioows:-..Ins magistrate d had no jurisdiction to
had been presented to him at the time the warrant
was issued.n
the return to the writ was insufficient; that the
warrant and commitment we're each oil them insuf-
cient in law to restrain the relator OF his liberty
and that the magistrate had no authority to issue
the warrant on an insufficient complaint made
before him At the time of issuing the complaint.
On behalf Of the prosecuting government making
the complaint he asked a postponement Of the case
In order to determine what they should 90 In view
OF the traverse. The writ OF habeas corpus WAS
granted by His Honor on Wednesday last, April =
and 1t was made returnable on the TN. ~ WAS
always the custom, In cases OF this descripMo1 W
make them returnablc ar time suficlenty long
ahead to give notice 70 TIC other aae, an0 40 ~
doubt, that was His Honor's intention wnen -
made the writ returnase on the gsn Inc n,, nan an
the Ain day or April at nalf.past twelve O'Clock,
and the Commissioner certified that the WIFI OF
certiOTQrt was served on him on saturday, April
S, 1s7a The notice gwen to his mr. Da COsta'sl
firm by the other sidsDWas served on them az tneir
the Afternoon In view Of these considerations he
asked that this matter be deferred TO some future
day. when they would have on opportunity Oh de-
Judge W0odrur-Mr. Da Costa. for whom DO you
appear In this proceedings
government observed that In the course OF the
discussion His Honor's attention had been called
to the laws for CARRYING it into eject His Honor
would have to give the subject an attentive con-
sderation and lay down some certain rule OF prac-
tce, such az the matter brought before the notice
OF the Court would prompt Hitherto there had
been no difficulty In getting along with cases OF
that there should be some authoritative decision or
rule in these extradiion cases, so that the treaty
might be carried into effect He did not undertake
to say what that rule should be. He merely for
the purpose OF saying that the subject was one to
which he desired TO ask HIS H0nOr's particular at
tcntiOn.
Prisoners counsel In reply, said that II this was
case In which there had been full and entire
consideration OF the matter involved he would &C
cord to him the delay he required. But His Honor
would observe that the questions raised on the
traverse ana on the special demurrer were ques-
tons that entitled the reator to speedy hearing.
The objection he had to urge was that the whole
proceeding was irregular and not according to law,
and that the complaint was not sufficient COM
Tor the apprehension OF the accused. That was
question that went to the legality OF the arrest.
insufficient in law and does not describe any offence
under this treaty OF extraditi0n. AS to the question
OF delay spoken OF by counsel on the other side, he
had to say that all the matters suggested here
suggested two weeks ago on motion made before
the Commissioner to discharge the reator, so that
counsel on the other side had ample notice OF the
questions they would have to meet on the hearing
OF this return. The relatOr was entitled to have
those matters passed on now. 1t was not an ap-
plicatiOn relating to matters of evidence, for even
II there was the most overwhelming and con-
elusive evidence of the guilt OF the defendant no
1inff nbndf aildin
this warrant, and 1t therefore proper that the
speedily inquired into.
After some brief conversation between counsel
on both Sides
Judge Woodruff said that as the matter was an
important one he would adjourn the case until to-
morrow this day., at ten O'clock
Counsel for the prosecution said they could not
hold two inquiries tOgether-One In the United
States Circuit Court and the other before q Gem
missi0ner-and that IL would, therefore. probably,
be better TO let the examination of the accused be-
fore the Commissioner go over TO some other day.
Counsel for the prisoner, Directing, said there
were some special reasons why the examination
should not be adjourned from the day named, and
he was about to state them, when
The Court said this was matter upon which it
would not give any directions. The examination
of the accused had been fixed for twelve O'Clock
tomorrow this day., before the Commissioner,
and 1t was decided that II they did net conclude
the argument upon this habeas corpus they could
adjourn for the examination at quarter to twelve
O'Clock