The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-02-11

ton of offehses. The complaint
charges respondent has committed
crime in a foreign country, to wit,
the State of California. On the
warrant issued in pursuance of this
complaint, the respondent was ar
rested and he is brought before me
for examination. 1t remains for me
to find whether enlightenment of
| public funds is q crime and whether
there is evidence to sustain the
charge. BY our Penal Statute, en-
bezzlcment of public funds is
felony or crime and punishable in
the discretion Of the Court with i'm
prisonmcnt for life or any less period,
and | presume it is grave crime
in the State of California. If l
find sufficient evidence to sustain
the charge, it then will become my
duty to certify the same to the
Minister Of Foreign Affairs that he
may issue the warrant for the sur
render of the respondent.
The exercise of the discretion
whether the warrant of detention
and extradition shall issue or not is
vested in the Minister of Foreign
Affairs as representing the EXecu-
tive. This is clear by Sections AS
to 4j2 of the Civil Code Compiled
Laws p. 10Y. 1t is not certain that
the Minister will grant the warrant.
He may find that the crime charged
against the respondent is not one of
the extraditablc offenses mentioned
in the Treaty between the United
States and this Kingdom, and de-
cline to surrender the fugitive. Or
he may, as an act of comfy and
good will, decide to grant the war
rant. Until this discretion has been
exercised by the Executive and the
warrant has issued l cannot review
its legality. l sit merely as an cx-
aiming magistrate, and the case
could have been brought before the
Police Justice or any other magis-
trate. The impression which l sug-
gested to counsel for respondent at
the opening now adhere to. l feel
that l must take jurisdiction of the
case because the complaint charges
the commission of crime in for
eign country. The Statute is general
for the purposes of enabling this
Kingdom to surrender criminals of
q certain class, and the crimes which
the Court can take cognizance of
are not alone those which are speci-
fed as cXtradtable offenses in the
American Tree ~ and the commit
tiers of which this Government would
be bound to surrender.
AS at present advised l think the
legality of every step in the process
of extradition could be reviewed by
the Court in another capacity or
hdbeds corpus. 1t appears to me
that without exception the cases re.
ferred to by counsel on both side:
have arisen on hddeas corpus.
, l think no case can be found where
,, questions as to the eXtraditablc
nature of the offcnses have beer
raised before the examining magis
trate on the preliminary arrest.
/ am therefore of opinion that i
is not competent for me 20 pass upoI
the legality of the arrest for CRIME
not covered by the Treaty. For thu
r same reasons l think the question
whether sovereign state has re
r quested the surrender of responder
is not now renewable.
The plea is overruled and tn
Attorney-General may present tn
evidence.
y The following, clipped from
San Francisco paper, furnishes til
latest estimate of McCarthy's pecu
lations: 1T has been ascertsine
. that the Bank of Los Angeles, wit
: which l.. w. Hellman is connected
u holds about 81 900 of the warrant
cashed by Mccarthy, which wi
" raise the deficiency up to MI
J Dunn's original estimate of betwee
: $4,000 and 5000.
II His Honor Chief Justice Judd dc
livered his decision this afternoon
in the Mccarthy extradition cast
F" The decision has been filed in til
: Clerks office. The proceeding
. taken in the case, both here and
J California, are set forth at length
u together with the pleas and argl
e ments of the Hon. Attorney-Genera
~ and the counsel for the defens
J His Honor then, after taking int
u consideration the force of the sever
10 arguments, quotes Section 449 I
IL the Civil Code, and concludes /
= saying: IL shall certify to Il
=. Minister Of Foreign Affairs that
~ deem the evidence sufficient to su
T. tain the charge in order that he m;
~ issue a warrant for the surrender
~ the fugitive. "-[Feb. 4th.