The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-17
THE v0Gr EXTRADlTIoN CASE.
Argument Upon the Wrtts of Habcas
Corpus and Standardization Re-

Argument Upon the Wrtts of Habeas
Corpus and Certiorari-Decision Re-
served.
In the United States Circuit court yesterday
Judge Batchford sat to hear the arguments on the
writs of habeas corpus and certiorar in the case OF
Carl Yogt, a Prussian subject, who Is accused OF
having committed murder in Brussels, Belgium
The extradition of vogt has been demanded BY the
German Empire on the ground that Prussian
subject who commits q crime in foreign territory
is amcnable to Prussian law.
Mr. william +. KNITTING appeared as counsel for
the prisoner and Ex-Governor Salomons for the
German Empire.
The prisoner was in Court, attended by some
friends. He Is man Of rather good appearance,
and seemed TO be perfectly composed.
ARGUMENT or COUNSEL.
Mr.. Knitting, after reading the complaint that
had been made In this case, proceeded to discuss
the question whether Prussia could follow this
man, the prisoner all over the world for an offence
committed in the Kingdom of Belgium II Prus-
sian subject to-day assaulted citizen OF the United
States in the streets New York. could it be pre-.
tended for moment, that Prussia could bring that
subject back and try him for that offence? Such q
thing as that could not be permitted. He con-
tended that the treaty could only be taken as mean
ing that Prussia could only punish offenders for
crimes committed within her territory or terrltor.
ial jurisdiction. II the contrary doctrine were 10
be upheld, the kingdom OF Belgium would never
seek treaty with the United States and there
never could be friendly relations between
the two governments. In an opinion delivered
by Mr.. Caleb Cushing when he was Attorney Gem
eral of the United states, he stated that person
could be extradted unless for crime committed
within the territorial jurisdiction of the demanding
country Counsel went on to argue that unless the
offence had been committed WITHIN the territory Of
Prussia the prisoner could not be extradited under
the treaty OF 1852.
Ex-Governor Saiomons replied on the part OF the
German government. He said the case was very
important one, especially when the Court con-
sdered the fact that the mandate OF the President
had been granted on the requisition Of the German
government for the extradition OF the prisoner.
Thus II would be seen that the two contracting
parties were united in their construction OF
the treaty They came to the treaty and
word "jurisdction.r ii the construction put by
the learned counsel upon the word 'iurisdictionn
territorial jurisdictlon,r it meant the same thing
as within the country territory OF either party.
Let nm see II those words were found in other
parts OF the treaty, and II BY the word jurisdic.
tom there was meant territorial Jurisdiction"
The preamble to the treaty used these words:-
party;n s.for the purpose OF preventing the com
missisn OF crimes within the territories and juris-
diction OF either party" 1t was to be observed
Jurisdiction, 1t was intended to give more power
to the Court than by the use OF either OF
must be- claimed for t6e treaty t thst every
word used therein must be given effect to. When
they came down TO the construction OF the treaty
would do in regard 10 the constitution OF the
United States, in which every word was supposed
to have significance and Importance. II the con-
sruction put upon the treaty BY the learned c0un-
sci on the other side was the proper one, then the
use OF the word jurisdiction" In the treaty was
authority TO investigate and decide, and that was
the general definition given TO " by Webster.
Judge Dlatchford said he found III the original