The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-26

not come mere I would be proceeded against;
somebody told me that I could be proceeded
against; don't think anyone told me could be
position was rather awkward; that was told to me
by my friends one OF the officers told me to 60 TO
Q. How did you know you had to go to the soil
citors' eiiice A. went to the detective ONCE.
ana sergeant Hayden told me TO come next day to
iuehtliy Noyes; dad not know that was TO go TO
the solicitors ONCE before went to the detective
once; q gentleman q stranger to mel took me to
about half an hour IhSve NEVER se been in this city
before when they told me l must sail in three
hours f1r america with Sergeant webb demurred,
saying ala not think could get ready they Of
tered me no particular inducement to come
=, 70 c Americs l thought l should be compelled
was going; would rather not have come 'N'
net Know but That nfa shoaa come mot
came TO America because believed was com.
by sh ssss Of 70
coming; was not tsld that should have any
q. Yet you expect to get something, Yes I
think 50, after ali this trouble; did not receive
promise that would get compensation; do not
remember anything said BY any one on the subject
Q. why do you expect to receive compensation
a: cannot say; talked very little with Sergeant
was wanted to Identify Mcdonnell: did not tell
him what l was going to say as did net know
what was going to say did not tell the solici,
Queenstown with Sergeant webb; am stopping
at the Clarendon Hotel; Sergeant Webb IL also
sosn as can; no passage has been engaged for
me; did not know the name Of the person whom
saw in the Old Bailey and had often seen With
EVIDENCE OF DETECTIVE FARLEY.
Detective Farley deposed to the arrest Of the
goth Of March, as she lay OF Quarantine; thinks she
sails per Havre.
Mr. Da Costa asked for an adjournment Of the
mo- q rou M ha
following affidavit made by himself:-That he is q
member Of the firm OF Blatchford Seward, Griswold
from Messrs. FreshAelds, the solicitors in London
Of the Bank OF England, telegram in which the
following sentence occurs Full dispositions. certi-
fed BY Consul, 60 by special messenger this even
Mr.. Brooke submitted that there had been ample
time tor the prosecution to get up their case.
The Commissioner asked why there had been de-
lay in putting in the dispositions taken in Eng
Mr.. Da Costa replied that dispositions were in his
possession; but he had declined submitting them
because they were not authenticated in accord
The Commissioner Brooks, do you admit
those depesitions with the understanding that
they might be afterwards proved.
Mr.. Brooke-No; we are not to supply the other
side with evidence?
Mr.. Marbury said it was at the prisoners sug-
gestiOn the case had been adjourned until to-day
and as the case was one involving immense FORGE
ries In the city OF London, he thought that when
the prosecution was acting with due diligence the
adjournment asked for was not unreasonable, es-
pecaly as the evidence for the prosecution had to
be brought across the Atlantic Ocean. The ques-
ton was whether the prosecution was acting in
good faith and with all due diligence. II that was
80, the application asked for was not unreas0na-
ble
The Commissioner said it was the unbroken prac.
tice in cases OF this kind to allow the government
making the demand for eXtradition reasonable
time to make out their case.
Colonel Fellows asked upon what charge the
prisoner was held. Where was the proof that he
had been in completely with others The prosecr-
ton had admitted that their evidence was defect
i've, and they had no warrant in law
to hold the accused. The AFFIDAVIT OF
Mr.. Da Costa was defective, inasmuch as
it stated that full dispositions would be sent
from London, but 1t did not state in what case.
Certainty should be required when the liberty Of
the subject was jeOpardiZed. Even the substance
of what the witnesses would prove was not given,
nor even their names stated in the afidavit. He
submitted that the affdavit OF Mr.. Da Costa was
insufficient for the purpose Of securing an adjourn.
mept.
Mr.. Da Costa said that he could supplement his
affidavit by stating that the telegram received by
him from Messrs. Freshfelds was IN reply to one
sent by his firm in the matter of Mcdonnell. He
did not, Of course, know the names Of the wit
nesses. How could he
After some further discussion the Commissioner
granted the adjOurnment for two weeks.