The New York herald., 1879-08-07
THE BRAZILIAN FORGERS.

THE PRISONERS AGAIN REMANDED-sEARcH FOR
A STATUTE ON WHICH TO HOLD THEM-AN
UNSATISFACTORY PRECEDENT.
Francis A. r. Sanabria. Joas B. Bebelaqua Paul J.
Donvan, John Moriarty and Segundo Lopez who are
charged with intent to utter quantity Of Brazilian
treasury notes. arrived at Essex Market Court yes
terday. about half-past three o'clock in the after
noon. in custody OF Captain Kealey and Detectives
Lyon and King. Mr. Gossler. the Brazilian Vice
Consul; Mr.. Gooiall president OF the American
Bank Note Company, and Mr.. De b. Wilmot, counsel
for the prosecution were attendance. A. II. Hum
mel appeared for prisoners Sanabria and Bebeaqua.
Mr.. Wimot asked that the case be adjourned until
to-day in order to allow the prosecution to hnd
If possible section of the law under which the
prisoners could be held. Mr.. Hummel made no OBJ
jection and Justice Smith then adjourned the
until this afternoon. "Of course" said the magis-
trate. II cannot go with lengthy examination to-
morrow, have other court business to attend to-
but will decide whether hold the defendants or
not. Should SO hold them shall set the examine
ton into the merits Of the case down for an early
hearing" The prisoners were accordingly remanded
back into the custody of Captain Kealey. About
four O'Clock lawyer Peter Mitchell appeared in
court counsel for Donvan and Moriarty. He was
told that the case was adjourned. He claimed that
his clients innocent and should be allowed an
immediate hearing. Justice Smith denied his mo-
ton.
consultation was held yesterday with Assistant
District Attorney Tenney and United States Commits
sioner Shields the Office the latter in the Post
Office Building. by Messrs. Martin Il Smith, OF No.
80 Wall street, and Mr. De B. Wilmot, who have
been retained for the prosecution Of the Brazilian
forgers, as to whether there was any United States
statute under which these men could be convicted.
The conclusion arrived ut by the law officers of the
government, after careful investigation Of all the
statutes relating thereto that the defendants have
not violated any law Of the United States should
the defendants appear before them to-day they will
be told so. The only statute under which there
Q colorado pretence of holding them for trial for is
violation is ''an Act to amend section 5,457 OF the
Revised Statutes; but it strictly defines coin and
not currency it has no relation to this particular
offence.
Judge Smith says that the only statute of the State
40 section 49, third volume Revised Statutes; but t
is questionable whether they be held under its
provisions.
The only precedent so far discovered is that of
dentist named John J. Harrison, who was arrested
for engraving causing to be engraved fac SMILES
Of the twenty milres Treasury OF the Brazilian
Empire. He was committed by Judge Morgan. His
counsel. Mr. Knitting. sued out writ Of habeas
corpus, before Judge Westbrook, in the United
States Court Counsel contended that the engraving.
or causing to be engraved q counterfeit of the
rency of aforeign country offence against any
law of this country and that under the treaty with
the offence If any, had not been committed within
the territory of Brazil Judge Westbrook refused to
discharge the prisoner holding that the point had
better be decided by trial. The Grand Jury. how.
ever. failed to indict the prisoner and he sub.
sequently discharged