101 F. 253 | U.S. Circuit Court for New York | 1900
The facts in the case are as follows: On February 20, 1900, the British consul general at Yew York made a complaint charging that one James Dawson did heretofore, at Durban, South Africa, commit the crime of embezzlement of the sum of £700; that he was a fugitive from justice, and now within the territory of the United States. Upon such complaint a warrant was issued by the United States commissioner for the Southern district of Yew York, duly authorized to act as commissioner concerning extraditions. Dawson was arrested, and on February 21, 1900, was brought before the commissioner. The prisoner waived examination, and requested that he be sent back to South Africa, that he might there meet the charges against him. The commissioner thereupon committed Dawson for extradition, pursuant to the provisions of said treaty, and from the 21st day of February, 1900, until to-day he has been held by the marshal and kept in jaii. The prisoner has appealed to the court, stating that he is totally without means to employ counsel, and praying to be discharged.
It is provided by section 5273, Bev. St. U. S., that whenever a person who is committed for extradition, to remain until delivered up in pursuance of a requisition, is not so .delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed by the readiest way out of the United States, it shall be lawful for any judge of the United States, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable