The New York herald., 1873-07-09

OF the supreme COurt-Lc8rove's Ar
rest I'm France Virtually q Piece Of
Legal Kidnapping-How tho Matter
Stands and How 1t Will Probably
End. u....ss.
The proceedings in the Supreme Court in the case
OF Alfred L. Legrave, which have occupied che at
tenton OF the Court for long time, and the details
of which have, IRON time to time. been reported in
the HERALD. have at length been brought to close,
at least probably as lar as this Court Is concerned
through decision rendered yesterday by Judge
Fancher. Legrave, 1t will be remembered, was
formerly In business in this city. In May, 1872 he
suddenly left. leaving behind him a retinue
of creditors, who alleged that he had de-
frauded them out of property valued at over
two hundred thousand dollars. Immediately alter
his departure these creditors took steps to have
him brought back to this country so that he might
be punished iOr swindling them. For this purpose
the creditors held several meetings, ana commit
tee was appointed from their number, who were
to take al necessary steps to have him brought
back and prosecuted. subscription was started
among the creditors to raise funds to accomplish
this result, and nine or ten thousand dollars were
obtained.
Mr.. John D. Townsend was then retained by the
committee to look after the interests Of the credit
Ors. He employed detective named Manly to
60 to Europe and ascertain the Whereabouts OF
to As Was the
ton OF the United States Of course he could not be
arrested, excepta
could be obtained from the Frencn government In
whose territory Legrave then was. The extradi.
ton treaty between this country and France did
not provide, however, Tor any surrender OF per-
son charged merely with swindling his creditors,
and so 1t became necessary to see Il some crime
could be alleged against Legrave winch would bring
him within the provisions Of the treaty. An lndct
meDt was accordingly obtained against hlm charg-
ing him with the offence Of burglary in the third de-
gree. On thus Indictment our government made
demand on the French authorities ior Legrave's
surrender which was complied with. Legrave was
HAlrun rod into fhn fndU nj w IN
brought him to TINS country. They arrived on the
Goth OF october, 1872 and instead OF Legrave being
arraigned on the criminal charge he was arrested
on various orders Of arrest issued in civil suits,
instituted by individual creditors. Immediately
after his arrest Legrave commenced proceedings:
alleging that he had been unlawluily arrested and
that he was not legally within tile Jurisdiction OF
the Court which issued the
ORDER OF ARREST HERE,
under which he was arrested. This applica-
tOn to have these orders set aside was vigorously
resisted by the creditors and also by the Sheriff
bodyng the foregoing facts and tue motion ior his
discharge was finally argued at Newburg on the
18th oil last month, before Judge Fancher, who held
an extraordinary session Ol the Supreme Court at
that city. On the argument Legrave was repre-
sented by Messrs Lldrldge I. Gerry Ambrose
Mcneil and otner distinguished COUNSEL the sheriff
being represented by ex-Mayor A. Oakley Hall,
while William Allen Butler looked after the inte-
JUDGE PANCHER's DECISION.
Judge Fancher, in an elaborate and exceedingly
alleged crime on which Legrave was extradited
did not fall within tile provisions Of the extradi-
tion treaty, ana consequently that the arrest was
wholly Illegal. he holds iurther, that even ad-
mitting that the crime was committed, and about
which he has grave doubts, 1t was no
ground ior his arrest. Another point decided is
that the entire proceeding was instituted Tor the
sole benefit the creditors; that unless they had
moved in the matter no indictment would have
ever been found, and that as Legrave was brought
to the country illegally through their instrumental
ity they should not be permitted to take advantage
OF their own wrongful acts and subject him to
arrest in civil suits instituted by them. The war
rant which was issued on the indictment was
never executed by the Sheriff, but was merely
held by him as q detainer in case Legrave should
succeed in getting discharged on the civil orders OF
arrest. He conc udes his opinion by ordering Le-
graves discharge from Imprisonment under the
order of arrest and remandng HIM to the custody
of the Sheriff under the bench warrant with direc-
tons to have Legrave taken before the Criminal
Court to answer to the Indictment.
PROBABLE END.
As. however, both the warrant and the lndict-
ment have been lost the above decision OF Judge
Fancher virtually amounts TO an absolute ais
charge of Legrave rom the custody Ol the Sherif.
Meantime Legrave has had pretty long sojourn
in Ludlow Street Jail. 1t remains to be seen
whether he Is speedily to be set free or otherwise.