The Hawaiian gazette., 1886-02-16

erf. l1ef.'fN tle Eift q Lr~ttcs. NltgllllS lAAL
John ~ Mccarthy, WIS guilty Of tbs
crirac of eubezzlerert - g publlc Othcer,
4 lCierS Qi the SGprc-ce Courl u the State
90 Cehforuia,l AID th8t the Grand jury
io- 5he city ard ccurty % San Francisco
hr} on sbe lSsA Ji1y Of January, found 8
.-ue bil 81 indictment IN the Superior
/ Court az the sud city and county ESSinSt
I the SAID McCarthy for such crl-le, and
{ that warrant had been issued from the
i sud count for tSss UuU-eben>iou u the sid
I Mccarthy, and that sud Mccarthy had
I left SSc FRANCISCO and was then resldlnS
n Honolulu, Sri that q rsGuiSitlou for the
I surrender II the sud Nee 'sGrthy, under the
Z hand % the Governor o. the StSse q Cab
fu--iG and the Great Seal Of the State, had
I beer sent O. HIS M8icSty'S Government.
ana r-uviu- for an order froz2 the Chief
JaStlce flr the S-rest q the sad Mccarthy,
n order tbst be might be delivered 70 the
osScer sent u receive biIns
The Chief Justice tbEreUpol caused g
warrant % be issued under which Nc
C1rthy vu> I-reS-ed and brought befCre
HIS hCcc-, o. tEe 26SE
Tie Attorney General appeared on be
. hglE Cf the prosecution
lI- Whttz-S appeared for the prisoner
and pleaded % the jurisdiction On the
-vUE,i>s
l>t. Inst the warrant issued sets forth
- CRIME or 1crus1tiC- of c-lrs.
2rG Tint the crime for which sxtrGCt-
ton - s1c-h. Is ~Erlbezz,enert~ and that
lszzls-eut committed IN foreign
suu-cry VIZ. the United States : not An
gt1srlSe rr CRIME FRY which the person can
be sxt-1ilcsd
S-d That the demand tgr extraditior i
inside through the Governor OF the State
Cs CGEtCrula and that there \ No aUthO-
ricv Il law flr sal& Governor 20 make such
is-lErG
t.l That the z&61yiS and complaint
lrg u-a.ie Is the Attorney General q tins
hl-S,ic-,, and thzt the Attorney General
cannot properly C- legally make such
complaints " bs complainant herein
The CLss Justice uyg-ru-sG the pLsU>
and o. February l>t. the case came Up for
Gearl-S and evidence vs. introduced 1t
consisted o.
/. Areguesa by George SLOVENIAN, Gov
sruc~ 1f the S-Gts Of CSllfUrriG, st5estsd
By -Ls Secretary q State q CGLfCrula,
under the Great Sell % the STATE, dated
the l6sk e ISrua-y, 1SS& 20 HIS Royal
Hi-I-e>> the King q the Hawaiian Is
grglS. flr the EpprehsESlOE and delivery
co C-5 Joseph Bee, who = duly authorized
% receive hun. Of CEe John W Me- Grtby.
wbl stands charged ElsL the crime Of
s--lezz-zc-al- committed within the cuU--
Is q >1r Francisco
> Copy u An Indictment II the Super
ir- Court Of the CITY and County uf San
Frame S,C. STATE Of CALfCrCi2, sSal->t the
>l-t John W McG Src6y, n which lie i
accused ry tbs Grand Jury u the city
lrt county % >Gr Francisco with the
CRIME - rrszZ-sEs-t. II that be wgS On
III about tho 18Th day Of February, 1885,
the duly elected gcaE6sd and scElrs
C-E-s u the >GprgEs Court Of the State
Of CaEt1rula- and by virtue Of hlS trust u
such CEzcer. there came into his possession
and cc-EuL .S55l i've hundred and fifty
CGl-t-r--s. and which LIE Gl the City and
County Ct San Francisco, en- tie ssh
# 5hr-Lzy- ISIS, wllfCLly. u-lEwfULly y,
trI--tc-s-5iy and taL1Elrc>Ly did GpprC-
PIRATE co E,> Cw- Use contrary to the due
and -La-t-- execution % his sad trust and
ccl-r-ry 60 5Ea form Sc.. OF the statute &c.
Tins Is signed by J. y l. Wilson District
Attorney. endorsed True BIZ BY L N
B7r-s. E--e--a- e tie Grand jury and
cg-EEeG b. Jas. J. Flynn, the Clerk Of the
Superior Court. IL EEv-r- been presented
-- Cug- cg-s rg the tl-sl-GCCt the Grand
jury and rlsG - o record Of sud Court o.
the L55L cs J ---G-y. 1856.
3. Copy u bench vGrraC5 issued On
the Indictment by order 4 the Court and
1t5sScsG lv J Is. J Flynn. the Clerk dated
tLs 18th II January. 1856. fer the arrest.
forthwith u sad John W Mccarthy.
{ Original a5i6avl5 gr return of WI
Lam BruC-E-C1- a puEce 1ECer q the
CITY and cuC--y 1f >I- Francisco, that Es
received tcs arrexed warrant for The Il
rest q john " NcCGrrEy and that he
-1Ga G-E-ert search for him &c. and
AYERS rucu E-t1rr-a5l-c and belief that be
has Ted t-uu Justice In the state q Cali
f1rE-a- and has taken refuge n the k---
don Of Hawai- Tins = sworn 90 before Z
deputy clerk e the Superior Court These
three last uarers. 20 wit. the Indictment
bench warrant and AFFIDAVIT Of william
BCuu-E-Cu. are certified % BY Jas. J.
Flynn Clerk Of the Salt Superior CCua1
under the SID seal u tie sud court. a.
UGuers and UrucssG---s n the case Of The
FecpLz q tie SlZ1s IF California Is. J. ".
lLcI artEv- The CsC@srsss Of tins Csr
1L-cLte ard Sl--ll---g = G5t5stgd by Y. A
Eti-z-lis. Ergs-i---- Judge Of the Superior
Court 1f the CRY and county Of San Fran
cisco. and this Is n turn certified % and
EzalsEica5eG By jas. J Flynn clerk as
It-rEsa-d The -gEE-CsZsss Of the seals
and Jt the Si--a5urEs Of judge Edu1-Cis
and 2 as j Flynn the clerk were proved
To the satisfaction q the Chef us1lce BY
competent evidence. The testimony q
Joseph Bee. a police C6Icsr Of tEz Cisy and
county Of San Francisco. WIS taken. that
Ea knew the John " Mccarthy then II
Court, o. be tie John W cCa-rhy. who
WIS II Estrua--. 1855. clerk Of the 81
Ergue Court If the State Cf California
and who Is charged in the Indictment with
sC-lezzLE1-ecz II pzrl-c funds. Evidence
Of the statutes q CaIzfCrlla as 20 the coz
S5l1v--i1z and i---syt-c5l-1 Il the Superior
Court 1i California. the functions II the
Grand Jcrv- the insure e N Indictment
6sCCt by L. the nature Cf the crime Of
sE1szzlsEs-1 &c vas also gwen
The CElss u=t--e rendered his decision
which Is on ELst Oh the 4th Of February.
and 5EGrsEEoE certified 20 HIS Maiessys
lLl1is1zr 1E Foreign Atzziirs. that
The Chef Jzsticp now finds that the
tC7e mined John " Mccarthy l. charged
with the crime gf en15ezziez1e1t c,J1--zzf1a,i
BY him as public 0f1cgr Of the State lt
Callfsruia and entrusted WIN the custody
q pCi.Ee funds belonging I'd saif STATE
while such cflcer=
That sald crime constitutes felony
By the laws If SAID State Of CaIzf1r-5s ard
L a crime within the meaning Of Section
10 Il the Civil Code Of the Hawaiian
Islands
That the evidence adduced q the
1ea-in- af1rgssr1I l. sufficient U Sustain
the chz--g made against the sald John "
Mccarthy and that the sHIi John ".
1[eCa-r-v Is frz-1zI7e from Justice
On EscgLp5 lf aL-s certificate the 1[1rzs-
ter Of 1reI--- Aza5rs Issued his warrant
FIR the arrest and surrender q the actn-,s,f
The arcUsg,f Eavl1- been arrested. be
sppEef CO 1[r- Justice Preston n Chan
hers On TIE 9th INST for VIII Of HaFea=
Corpus. winch Wis granted and On the
szu-e day 5l.s accused was pr1dueed before
such i--s=1ice and his dztzn1iuu justified
---,7zr eTra N fzr,47--- -r-s--a-- Il .rs -,