The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-08
THE BANK OF ENGLAND FRAUDS.

Motion to Discharge Mcdonnell n
Writ OF Habcas Corpus-Alleged Insult
1iciency or the Warrant and Commit
ment-A Special Demurrer-The Case To
Be Continued This Morning.
In the United States Circuit Court, George
Mcdonnell, alias Mcdonald, who is charged in con-
junction with Noyes. Bidwen and others with hav.
ing perpetrated immense frauds on the Bank OF
England was yesterday brought before Judge
woodruff under writ OF habeas corpus granted
by his Honor on Thursday. This writ was sued out
by counsel for the prisoner who allege that the
warrant issued by Commissioner Gutman for the
arrest OF Mcdonnell, and his subsequent commit
ment, were illegal, and that therefore, he ought
to be discharged from the custody Of the Marshal.
M'DoNNELL WAS BROUGHT
into the court room at ten O'Clock by Deputy Mar
shals Purvis and Croy. He wore an air OF the
most perfect unconcern, and seemed rs jolly and
jaunty as II he were going 10 pleasure party
merely. He was represented by his counsel, Mr..
Charles w. Brooke, and the British government.
who have made a demand for the extraditon OF
Mcdonnell, had for their counsel Mr.. @. NJ. ia
Costa.
Among the spectators were Mr.. Henry Webb
SERGEANT OF THE DETECTIVE POLICE, sCOTLA AND
YARD. LONDON
He recently came over with young woman,
Frances Gray, who has identified Mcdonnell as a
person with whom she had been acquainted in
London. Mr.. Webb has been many years con-
nected with the police OF the English metropolis
Doubtless he is well known as one OF those "Bow.
street officers" who have made themselves SO
celebrated for the cleverness with which they have
often captured runaway thieves and other fugtives
from justice in all parts OF the Continent Of Europe
THE PROCEEDINGS.
Mr.. Brooke said that, in his judgment the re-
turn TO the writ was net suf1icient. Would he de-
lay the Court by traversing the return
Judge woodruff replied that he might demur to
the return II ne pleased, or he could traverse it.
Counsel must adopt his own course in bringing up
the issues, as the Court would not undertake te
advise him.
Prisoners counsel then read the return to the
writ, az f0llows:-"In obedience to the written
writ j do hereby produce George Mcdonnell, with
the warrant for his arrest and commitment OF
United states Commissioner Joseph Gutman, Jr.,
which said warrant and commitment are the causes
Of his imprisonment and detentlsn.n
Mr. Da Costa csntended for the sufnciency OF the
return.
Mr. Brooke-I maintain that 1t is not suniclent.
Counsel then read traverse to the return The
following are the substantial points,
THE TRAVERSE.
That the warrant contains no description OF any
specific offence charged to have been committed
by the reator and embraced in the treaty OF ex.
E, tradition between Great Britain and the United
States. That the warrant is not issued In accord
ance with the provisions OF the laws in that be.
half, and Is not based upon any SUFFICIENT, proper
and legally founded complaint as by such laws re-
quired. That the commitment Is insufficient and
informal, and that the proceedings herein had
upon such warrant and commitment are net in ac
'cordance with the requirements OF the act Of Con
gress providing for such proceedings under the
treaty OF extradition herein referred TO.
Mr.. Da Costa said he would like TO knew II that
was q traverse
Judge woodrnf-It appears to me to be difficult
to say what IL is.
Mr.. la Costa-Perhaps may say II Is a "what Il
itY'i
Mr.. Brooke submitted that he had raised, by this
proceeding. question OF tact and question o.
law. The warrant and the commitment were in
formal. Questions Of fact and OF law EN-
braced In the traverse, and he contended that the
traverse was sufficient
Mr.. Da Costa observed that the traverse. in It's
present shape, left IL difficult for him 10 determine
whether he was 10 address himself TO the Court or
q matter OF law or y matter OF fact. Mr.. Brooke
had not. In the traverse. been rs specnc and ore