The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-26
THE BELGIAN MURDER.

Extradition or Carl Vogt-Important
Decision by Judge Blatch ford-The
Right OF Prussia Maintained to De-
mand the Extradition or n Prussian
Subject for n Crime Committed Beyond
Its Territorial Jurisdiction.
Yesterday Judge Biatchford rendered his de-
cision in the United States Circuit Court on the
writs Of habeas corpus and certiorari which had
been sued out by Carl vogt, Prussian subject,
who is charged with having committed
the crime of murder at Brussels Belgium,
and for whose eXtradtion for trial in Prussia de-
mand has been made upon the government OF the
United States by the authorities OF the German
Empire 1t may be noted that there is no treaty OF
extradition between the United States and Bel
GUM. Judge Blatchford's decision in the case has
been looked for with considerable interest, and 1t
will be seen from the suboned report that 1t ad-
verse to the prisoner on a point OF international
law never before adjudicated upon In this coun.
try
Judge Blachord commenced his observations by stat
joseph SUPP Question: SSeS
far s been 50 s
he was nj in any a Of The countries 20 With
or treaty conventions There were many treaties be
e as Sn1sS na n
other countries in Europe containing the same language
q counsel went no case Involving sdludca!on q
ton and time for the purpose Of ARRIVING at conclusion
considering the impCrtsnes the question, might
m or at deeo hs uds
here occupied about twenty minutes in giving fun de-
y the On % the Mpss s
s
ceedings might be taken against him under the first art
and Prussia entered the 18th june s5a and,
in accordance with the acts Of Congress
q ted
%aas consul ns Or The
fS%sas ns sfT Y2s be- 'es
% Consul % the osI States ts the
rs
STA il the United States in his possession reliable
the RnsSo@ Of ad Ben
Set Ts h BURN he ne s dc a
then occupied BY him and robbed him Of 60 go
s and brought before the The Fl H pro-
ss sSs .emed o s I'll 5 q R The
a. on ss & q on s q e n4 es
sSs S,lS sSs5 III
ther stating that claimed BY Prussia that he being
ss%i ss
ns s s ns sa m r he
, ss in Be- noy s T%s n.
limits OF Prussia me prisoner. therefore n
writ habeas corpus to the Marshal to bring up his
body That writ allowed, also OF ce rorari
S nS On m So s
is whether this question falls within the treaty.
between the United States and Prussia 1t therefore be-
came to look the form OF the treaty on
that depended the entire question This treaty
don convention between the United States and PRUSSIA
and Other states Of the German Confederation for
the mutual delivery Of fugves from justice in certain
The preamble to the treaty sets forth that IL
found expedient for the better administration OF
Justice and the prevention OF crime within the territory
and Jurisdiction Of the parties respectively that persons
committing certain heinous crimes, being fugves from
Justice, shall under certain circumstances be respectively
delivered up, and II also enumerates such crimes
be punished according to the laws and constitution Of
Prussia II forbids them to surrender their own ci-
United States shall be free from any obligation
20 surrender citizens Of the United States.
The first article of the convention then
proceeds to that the parties TO it SHALL by mutual
charged with the crime of murder robbery com
mitted within the jurisdiction OF either party snail seek
nhasyum or be found within the territories Of the other
then contains the usual provision which found in all
otn.r extradtions treaties that this shall be done only
evidence OF crimnality according to the laws of the
pace 10 which the fugitive shall be found The third
tracing parties shall be bound deliver up any OF its
own citizens under this treaty. These all
the provisions OF the convention which seemed
a3cu nave any any bearing on the uestion under
elaborate and careful history extradton conventions
existing between the United and other countries
ne egan D reference 10 the treaty between the United
was IN force about twelve years IL expired 1906 and
from that time down to 1912 this country had no
exraditon treaty with any country in the world. lie
with France, Prussia Austria the Swiss fon
&c Two Sicies and other European nts show.