New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-26
THE LEGAL PROCEEDINGS.


THE LORD MAYORS wARRANT-FUTILE EFFORTS OF
MACDONNEIL's COUNSEL TO HAVE THE COM
PLANT DISMISSED.
Upon the application of the British Govern
ent for the exradition Of George Mcdonnell pris-
oner here charged with committing forgeries upon the
Bank OF England, examination was had yesterday,
before United States Commissioner Gutman, at his
rooms No 20 Nassaust Messrs. Da Costa and Marbury
appeared as prosecutors the former as attorney for the
Bank Of England and the latter counsel for the Brit
ism Consul Col JOhu r. Fellows and Charles W. Brooke
and J. r. Dos Passos appeared for the prisoner Mr.
Brooke made a motion to dismiss the complaint and
quasn the proceedings these grounds:
First because the complaint is insufficient and does
not state an oense second because the warrant is In
sufficient and does not describe Offense third be-
cause the warrant is not for any ofense described or
contained the complaint fourth, because the warrant
is based upon complaint purporting TO rece ofenses
not within the purview Of the extradtion treaty hfth
because oense is purported to be described In the
warrant complaint contemplated by the treaty OF ex-
tradition and lastly because the Presidents mandate
upop which the proceedings originally based Is In
sufficient
The Commissioner denied the motion, with the pryil-
ege however counsel TO it at later stage OF
the proceedings Henry Webb then called, and in
response weldressed elderly man took his seat as a
witness
THE Bow.sr. DETECTIVES STATEMENT.
He testified: am Sergeant in the Detective Force
the City OF LOndOn have been connected with the
Police years, and have been stationed in the
City OF London the whole time; have been sergeant
OF detectives for the past 30 years. arrived in this city
yesterday fonday), and brought warrant with me for
tho apprehension OF George mcdonnell
The following warrant was offered in evidence:
To one and every the cOnstabes Of the police force for
the city London and the Liberties thereof and 10 all
other cOnstabes and peace officers III the SAID city OI
london TO wit Whereas George mcdonnell, late Of
ST. James-place 81. James-st., London hereinafter
oath before the undersigned the Lord Mayor OF the y
OF London, being one OF Her MAJESTY Jusees ol tne
cused together with Edwin NOyes I'm CUSTODY, Fred
erick Obet Warren and George Bdwell in the month
of February last, in said city, felonousy uld
forge and utter well knowing the same 20 be forged
TWO several bills OF exchange each for the payment
9r.ad tSe G6yernor and Company Of the Bank Of En-
gland and cOnsprinR together 70 commit te sara OF
Tense with intent 70 deraud the Governor anu company
OF the Bank OF England against the peace statute &C
These therefore 10 command YOU III het ndDesy
name forthwith TO apprehend the sald accused anu 70
bring hun before other OF Her Majesty Jus
to4s of tho Peace for the said city az the Mansion
House JuscofOOm, in the SAID CITY 10 answer ugto 'o
said charge and 70 be further dealt WIN accounb 10
Given under my hand ana seal this stu cay OF March,
1873 at the Mansion House J9sicer0om Id NJ yor
"a Where did George Macdonnell reside in London
OBJECTED to-
o. DO you know sydney Heady Waterowl r. Yes; ne
&, the Lord Mayor OF the City OF London and az sueh'
chief criminal ma gstrate of said city know his hand
whiting have seen him write hundreds OF times; that Is
hi. signature 10 the warrant; received this warrant
from the solicitors of the Bank OF England tho hessrs
Freshnelds. Is, .veeu.-
Mr. Brooke-I object the admission OF That warrant
ln evidence on the ground rst that there is no PROOF
o. the Jurisdiction OF Tie Lord Mayor secondly nc
warrant under seal and we have no PROOF Of tue sc