New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-06-04
NO MERCY TO FOREIGN CRIMINALS.

MACDONNFII's ARREST SANCTIONED BY THE UNITED
STATES CIRCUTT-CARL vOGT AT FORT COLUMBUS.
In the United States Circuit Court, yester-
day. Judges Woodruff and Blatchford presiding, Judge
Woodruff in pronounoing without the hearing OF fur
ther argument. the decision dismssing the writs OF
habeas corpus and cerorar in the of George Mac
doDnel, the alleged fOrger the Bank OF England,
spoke substantially as follows:
The question before us is grave one and we have
considered II with respect TO the rights OF the cltzen
and with proper regard for the rights OF the Govern
ment demanding the extraditon Of the accused. Inc
good faith which this Government should preserve IN
carrying out the extradOn treaty between 1t ana En-
gland has also entered into the consideration OF ue
question The conclusions reached on tue points SUI
United in behalf Of the accused render unnecessary 10
say anything concerning the power OF the court 10 is
wrts OF cerOrar IN cases OF this kind or OF the enec1
Of the Presidents mandate for the surrender OF Tue
cused upon proceedings AFTER the qnashn9 OF VII. va
certOrar IL may, however be fitting to announce lnat
the power OF the Court to issue suca wrts mi uc cases
has been frequently exercised and ailTmeo ana ~,
may also I've proper 10 state that warrant Issued ~ e
accused person to the agents of the demanding GOV
ernmen has not so far as we can discover Deen neu 70
be bar TO further inquiry on points properly rdseu VI
tue return 10 the entire proceedings
After reviewing at great length the arguments hereto
fore published on the egalitY of Macdonnells arrest
Judge Woodruff continued:
We are constrained to declare that the arrest OF the
accused legal and being legal in its inception IL was
legal It's continuance. So them on April a. ana prior
TO the dsconnuance OF me pr9Seedmss On Sle d
arrest in other words before the prisoner was d
charged from that arrest he was held in legal custody
question was placed IN the hands OF the htrsnal anu
thereafter, the following morning. ana upon lne au
vice OF the prosecuting counsel they ~ jnIt,
evidence to offer IN support OF the charge tlnu Play
upon of the proceedings because the evidence
adduced did not satisfactorily establish the charged,
the Commissioner released the prisoner from
that arrest" IL is now urged that, by some legal
retrOactiOn the discharge of the prisoner from tat
arrest clearly proves that he was up 10 that ne uhGe
illegal arrest We cannot subscribe to such reasoning
To hold that the discharge OF prisoner Tor want Oh sur
tcent evidence operates retroacuveN T. e., nak s
preceding arrest illegal is equivalent 10 holding that
when person has been arrested ana discouraged,
whether for informality or want OF proof ps0 Jaeo al
other arrests of the same person were Illegal Such
ruling would produce great mischief
Judge Woodruff then refused TO consider the technical
objections raised by the counsel for the accused said
that his case was covered by the of Farcz and
continued:
We not sitting appellate tribunal; but we
are performing an independent duty" by determining
whether the prisoner is legally held The proceedings
In this not before us on writ OF error ana the
inquiry making is not to be conducted IN accord
ance with technical rules applicable TO such writ.
Even the Commissioner erred in SeceYng evidence
it does not follow as conclusion OF law that the pro
ceedings before him are TO 20 for nothing.
Judge Woodruff stated in conclusion that, in the
opinion of the Court, the Commissioner had evidence
sufficient hold the accused. and that, therefore, he
must be remanded to the custody OF the Marshal
f. F. Marbury drew order TO that effect and Judge
Blachford directed it be entered upon the records Of
the Court Mr. Brooke moved that mcdonnell be kept
in the Marshaps custody until appellate proceedings
could be instituted. Judge Woodruff said that having
dismissed the writs the Court had nothing to do
in the matter, and that no appeal could be taken.
Marshal Fiske Immediately took Macdonnel down the
English detectives will take him To England on the next
steamer the warrant for his extradton has been re-
celYed
Carl Vogt was transferred yesterday to Fort Column
bus on Governors Island, by Marshal Sharpe, Warden
Ihat he did not care TO be responsible the prisoner
any longer. The Marshal is now personally responsible
for the prisoner pending the argument on the VIII OF
certlOrarl by the prisoner