The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-10

ana that being established. the next step was to
show what connection, II any, the prisoner had
with the crime. But In this case that was
not done. The British government merely called
police officer who produces warrant, signed by
the Lord Mayor of London, which warrant the o.
flcer did not see signed though he stated that ne
was familiar with the handwriting OF the LORD
Mayor, having often seen him write Mr.. Justice
Nelson had held that this was an irregular and
loose mode of proceeding. II was scarcely proper
to call police oficer to prove the Jurisdiction Of
ARGUMENT FOR THE PROSECUTION.
Mr.. Da Costa then followed, on the other side, on
behalf OF the British government. He was pro-
Judge Woodruff said that the question as to the
suiiciency OF the papers, whether, in fact, there
was anything In them on which the prisoner should
motion to quash the writ OF habeas corpus.
Mr.. Da Costa continued TO say that before the
judiciary could interfere In the execution or the
law in extradictlon cases. In France different
rule prevailed; there the execution Of these mat
tiers was regarded in political sense. He con-
tended that under the act OF Congress certain OIL
GERS had been designated to hear and determine
der this extraditiOn law. Was 1t ever allowed I'M
der this act to renew question OF fact before the
Court?
Judge Woodruff said that, in the present stage OF
the case, the question OF the competency Of the
evidence before the Commissioner would not DC
considered
Mr.. Da Costa said he took the point that this writ
should tissue during the tendency the proceed
ings before the Commissioner. The defendant was
under arrest in a court OF competent jurisdiction,
and the question was whether, that being SO, the
writ could issue. lie commended that the warrant
and the proceedings under 1t were regular. Inc
complaint was sworn to- and IT set out the offence
with sufficient particularly. His Honor had held IN
need be paid to any particular special language In
the complaint; and Judge Shipman said warrant
s9oSs set forth clearly but 1reny tne m
with the nicely OF an Indictment for final trial. put
1t should set forth the material features Of the
offence. Had they not in this case shown In the
warrant that Mcdonnell had been charged with the
offence o! forging two bills OF exchange for FL 900
each in the city of London 1t was notorious
fact that the prisoner arrived in this city the
20tn OF March, he left on the sth on the 25th OF
March they went on with the examina tnOs
parties charged with this great crime were now
In custody, alter having attempted to commit for.
dollars. This attempt was discovered by the merest
| accident The Court ought to know that they
were dealing with notorious counterieiter, one
! forged checks and had served cut period In the
States Prison. Alter recing the facts OF the case
| as they have appeared before the Commissioner,
| Counsel told the Court they were not dealing with
| an innocent person, that Mcdonnell was known
to the police of this city as professional forger
and that IN 1868 he was convicted OF obtaining dia
monds from Tiffany Go. on forged anu spurious
| check
Mr.. Da Costa-No; we have not given IL yet; but
| state 1t on my own responsibility. We should act
IN good faith towards the BRUSH government D..
| committed those frauds are persons who have un.
fortunately come from this side OF the Atlantic l
contend that Your Honor, even If yeu should come
| to the conclusion that the warrant Is defective,
ought to remit the prisoner back to the custody OF
| the Marshal. We submit that the complaint and
| warrant are sufficient
Mr.. +. F. Marbury followed on the same side,
| making some remarks upon the nature o. extradi-
tion treaties. He held, under the authority Of
Chancellor Kent, that treaties OF this kind had all
the sanctity OF law. The object OF the mandate
was to prevent unauthorized persons putting in
force the machinery OF the government in regard
TO matters of extraditOn.
Alter brief but comprehensive reply by Mr..
Brooke, on the part OF the accused.
Judge Wsodran took the papers and reserved his
decision.