The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-04

The Bank Of England FOrgery-The Case
OF George acknowledgement Deci-
sion by Judge WoodruE-The Prisoner
RemiIted to the Custody OF the Marshal
and Confined In Castle Pinckney.
Yesterday the case of George Mcdonnell. who is
charged with completely in the alleged forgeries upon
the Bank of England and for whose extradion to Lon
don to be there tried upon that charge, warrant Of
commitment has been made out by Commissioner Gut
before the United States Circuit Court Judges
Woodruff and Blatchford presiding Counsel for the
prisoner had already stated in the HERALD sued
wrs OF habcas corpus and certorari for the purpose of
reviewing the proceedings had before Mr. Gutman.
II have leaked out In that the coun.
sci the prosecution would called to reply to
argument Mr. Brooke and the Court on taking
its place the bench would deliver its decision,
Judson Jarvis and of deputies from the Sherifs
Office in attendance, evidently with the object
hearing what decision might be arrived at, Judge
Fancher of the Supreme Court is to hear argument
before him a writ of habcus corpus sued by the
prisoner.
Mr. G. A. Seward and Mr. G. NJ Da Costa appeared as
counsel tor the Bank of England Mr. F. F. Marbury
British government and Mr. Brooke aud Colonel Eel
lows tor the prisoner.
At half-past ten o'clock the Judges came into Court;
and while the shorthand writers expecting
ior the prosecution to rise and proceed with his argu
dss n wSosr y s to e ysr hs opinion on the
Judge woodruff in delivering the opinion of the Court
grave and they had considered all that seemed
questions involved having due regard to the rights the
making s ns srss e snd
On a a he to III e Of 4es s
that they did think necessary hear counsel
By
the grounds which the Court moved, on part
S On S the writ q The
the prisoner rendered unnecessary to anything In
THE POWER or THE counr
e " %r s II the cfs 9 fox a he Q, Of
q ns aver % Of
say that the d the Court ISSUE such Rr In
case Of this description mad been frequently affirmed and
government Of the United states for the delivery Of
had not as they could discover or were ad
yed been heretoore held 70 be bar 10 further inquiry
At SUBJECT they
S ss ss SI i
n effect ne essd TO RTe' pS
sSns wsn eCud a no; r., be
S % the hs Without s ns those wT.
saan s 20 sg s the sessn to
for mot giving then the force they seemed
BY dsposing Of The objections By counsel in the
Il d. n IT Ii, s ~
Of rh The a% n h Ss an Illegal
by the return 70 be these That a complaint had been
made eSy DAY n Mn sf S Of S
by the statement that he had been
in the making Of two Gfssat exchange for
each with intent to defraud the governors ana company
Of the Bank OF England. The objection that upon
sioncr the marshal who executed the Commission
ers warrant acted Illegally The prisoner brought
y 3 an
tanning the views which governed their decision, they
were bound to pronounce that
LEGAL,
,ea ten ana legal always so that on the oath day or
nprii, and before the disconpuance of proceedings
tore b sa. or 70 use another form OF words be-
hed in legal custody. While in that custody the war
the Marshal. and thereafter on the Following morning.
on the suggestion OF the prosecuting counsel they having
plainly upon the face OF the proceedings because the
evidence produced did establish the charge satIsfac
discharged the prisoner from that arrest, Il Was
now urged that By some legal reiroactlon,. The
u es a lie wn m u the 10 G
under that illegal arrest That reasoning they could not
snrn All that II did AFFIRM was that al that had been
but down to the iimc Of his discharge his arrest was
legal and TO hold that the discharge OF prisoner
lively % make the preceding arrest illegal might ex
tended 10 other kindred cases, that whenever parties
Tor Informant, or want Of proof on verdict or by dee
.on o. the Court-that pso no-ali other arrests
Illegal anc me parties causing y as The
would he productive OF mischief They said that
. THE ARREST on ri,E pHxsRsr WARRANT
illegal issue another warrant TO the Marshal and
another cnagc should be doac by deaincr lodged with
the Marshal and not by warrant Of arrest counsel
,sa o. W dpos S c Ct RnsSS sd n
place in proceedings for tho execution this treaty and
had no application 7? this subject was Insisted that
In the OF Fsrc which before the Court hsbeas
GVIRlu W. QRlA4p Uas sSxIsss-d W 49, s-as- ,Asl